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Tenant evictions increase because of severe rent arrears

as rents and utility bills rise

Rise in Tenant Evictions

Rise in Tenant Evictions

UK landlords are well aware that continuing to house tenants that are already in rent arrears can be a costly exercise, unless swift action is taken to evict them.

Hiring eviction experts can help speed up the eviction process of these non paying tenants and using eviction experts should avoid the case being thrown out of court due to minor inaccuracy or mistakes in the required paper work.

Landlords are moving faster than ever to evict tenants who fall into rent arrears according to the latest figures from Sweet & Maxwell, the leading legal information provider.

Any tenant more than two months behind on their rent is classified as being in severe rental arrears. The number of tenants affected by rent arrears rose nearly 5% during the last quarter of 2012.

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Landlord Possession Orders And Tenant Evictions Increase

Tenant Eviction Figures Increase Again

Tenant Eviction Figures Increase Again

There has been a dramatic increase in the number of PRS landlords seeking to evict bad tenants and the volume of possession orders doesn’t look like abating any time soon according to data released by the UK Government.

Government figures show that there were 103,329 landlord claims for tenant eviction and orders for possession made last year, the highest recorded rate over the last five years and continues to represent an upward trend.

It is estimated that between 67% and 80% of claims led to a possession order being granted by the courts.

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Legal Update by Legal 4 LandlordsFollowing a recent High Court decision the new defence to a Section 21 Notice is none compliance with The Housing (Tenancy Deposits) (Prescribed Information) Order 2007

The decision in Suurpere-v-Nice (2011) confirms that the prescribed information must be complied with and if this is not done landlords could be subject to sanction when before the Courts

The Sanctions

  • If a possession claim subject to section 21 of the Housing Act 1988 is issued without the information being properly provided and served, the section 21 notice will be invalid and the claim could be struck out.
  • A counter claim can be made, and if the prescribed information has not been provided or if the deposit was not registered, the Court may award 3 times the deposit.
  • Ultimately the deposit protection is the responsibility of the landlord and as managing agents you have a duty to comply with the regulation on behalf of the landlord.

What is “Prescribed Information”?

• The minimum information required by statute that is to be given to the tenant on registration of the deposit. This must be as a separate certificate and signed by the landlord and tenant and not part of the tenancy agreement.

• This must be a certificate and it must be sent to the tenant with the proof that the deposit has been registered together with any information provided by the individual deposit scheme.

Download our Fact Sheet on Deposit Law Issues and Latest Case Law Updates and Clarifications

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