Evicting Tenants by Heather Hilder on December 11, 2018 “Landlords – Eviction Procedures Fail” Evicting Tenants A recent survey showed that 62% of Section 8 or Section 21 Notices sent to Tenants are incorrect. This results in their enforceability for evicting tenants open to legal challenge. The study, by legal facilities company Landlord Action, suggests that most of the errors come from those Landlords who chose to serve these notices themselves. The reason for this was an attempt to cut corners or save costs. However, the Court takes a very dim view of incorrect procedural approach when it comes to eviction proceedings and if anything, tends to favour the Tenant. Eviction Proceedings The five main inaccuracies cited involve: incorrect tenancy expiry dates a failure by the Landlord to comply with deposit legislation inaccurate rent arrears schedules an inadmissible method or timing for the serving of the notice simple typing errors These errors may only surface several months into the proceedings, which causes problems. As a result once discovered, it could well mean restarting the whole process from the beginning, which leads to further delays and additional costs. The notice element is the most important part of a possession court case, and the slightest mistake can end up costing a Landlord significantly more than the cost savings – in extra legal fees, delays, and lost rent. Overall, the issue of repossession should never actually arise. We are incredibly proud of our reputation for sourcing reliable Tenants. Overall, we enjoy an excellent ongoing relationship with Tenants, to the benefit of all concerned. Fewer and fewer Landlords are seeking to manage their own investments because of the increasingly complex procedural understanding required. Indeed, many Landlords are relieved to hand responsibility over to expert managing agents like ourselves. Frankly, they find that it is just not worth the hassle of getting the process wrong. We’re here not only to maximise your ROI i.e. return on investment, but also to ensure you sleep easy! For letting advice, call 01273 735237 or email enquiries@callaways.co.uk .
