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Landlords appear to use Section 21 notices rather than risk Section 8 complications.
In 2013 there were 34,080 evictions issued under the Section 21 accelerated procedure, the highest figure since the power’s inception in 1999 – and this year’s figure will be even larger, predicts Landlord Action’s founder Paul Shamplina.
“In quarter one of this year, there were 47,220 claims issued at court for standard procedures with hearing dates and accelerated Section 21s. In quarter two, there were 38,509 claims issued” says Paul Shamplina.
He says the trend of more landlords opting to recover possession using the Section 21 entitlement, where a hearing date is not required, is because most landlords or agents want and need their property back as quickly as possible.
“Most simply don’t want to risk the possible complications and delays which can be linked to Section 8, such as tenants filing defences” he says.
Landlord Action says the most common defences under Section 21 cases are deposits not being protected, the notices bearing incorrect information or not being served correctly, or tenants requesting a 42 day possession order by citing mitigating circumstances.
Shamplina says the situation is exacerbated by councils urging tenants to stay in the property and not vacate due to a shortage of alternative social housing.
“Councils will only act when there has been an eviction date set, therefore tenants will not leave the property of their own accord as they would effectively make themselves homeless, forfeiting the chance to be re-housed” he says.
