How long must the average landlord wait to regain possession of a property?
In the instance, a landlord needs to regain possession of a property urgently because of poor tenant behaviour, and the tenant refuses to leave - landlords are often forced to resort to the courts.
The RLA (Residential Landlords Association) says the delay in dealing with cases means that a landlord may go without any rent or suffer damage to a property before the tenant finally has to leave. According to new figures from the Ministry of Justice, private landlords have to wait an average of over five months to regain possession of a property when applying to the courts.
The Residential Landlords Association are also warning that the Government’s efforts to develop longer tenancies will fail without urgent court reforms to ensure landlords can swiftly regain possession of a property in cases such as tenants failing to pay their rent, committing anti-social behaviour or damaging the property.
Many landlords are using section 21 or section 8 notices, however, if these notices are incorrectly served, this could lead to more downtime and further delays in the eviction of a tenant. It is essential that landlords seek professional advice. Many will agree, something needs to be done to speed up the process and the RLA is calling for a fully-fledged and properly funded housing court to speed up access to justice for both tenants and landlords.
Here’s what Locate’s director, Nav, has to say on the matter:
“Acceleration possession procedure can be a long drawn out affair and can take a toll on one’s health. Recent changes in legislation has made this procedure more complicated and it is essential that a landlord seek the service of a professional letting agency for a tailored solution or a solicitor with experience in handling tenant evictions.
At Locate we have an in-house team which manages the correct serving of notices be they Section 21 or 8 and complementing this with solicitor access should a court hearing be required…” The process of evicting a tenant can take from 6 to 12 weeks dependent on the seriousness of the case. Currently, the Court process is troubled with delays, adjournments, and technicalities arising from a dispute when correct and detailed information is not provided”.