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Tenancy eviction process ‘in utter chaos’
The county courts system is in utter chaos so far as evictions are concerned, it has been claimed, with lost files, year-long delays and basic admin mistakes leading to extra costs for landlords and their agents.
Some landlords are facing repossession by their mortgage lenders as a result of the alleged breakdown because they are unable to meet their monthly payments, while non-paying tenants stay in situ.
Yet tenants who need to be formally evicted in order to claim homeless status are also affected.
Landlord Action says the chaos is destroying people’s lives.
The firm claims that the county courts are completely under-resourced and have become overwhelmed by the number of possession claims.
The specialist eviction service company says it has become such a problem in the last three months that chasing up cases with the courts has become a full-time role for a member of its in-house legal team.
The firm points out that the vast majority of residential possession claims are dealt with in the county courts and enforced by county court bailiffs.
However, it says government spending cuts, an ever-growing number of possession cases (predicted to be up 15% on last year) and the order by some courts that bailiffs must no longer act alone, only in pairs, have combined to create serious delays in the eviction process, according to Julie Herbert, head of legal at Landlord Action.
She said: “We are forever chasing courts for updates on possession orders, Notice of Issues or bailiff appointments.
“By the courts’ own admission, cases are getting overlooked, administrative errors are being made and there are simply not enough bailiffs to support the number of cases, leading to long delays.
“This is having serious implications for landlords who are losing thousands of pounds in unpaid rent while legal costs mount the longer a case goes on.
“Some landlords, who are unable to meet mortgage payments as a result, even face possible repossession.
“This is in addition to the added risk of their property being left uninhabitable by current tenants, where communication has broken down.”
http://www.propertyindustryeye.com/tenancy-eviction-process-utter-chaos/
