Landlord Action, a company specialising in tenant eviction, report that a rise in rent arrears cases has been followed by an increasing number of tenants defending eviction cases at court and appealing judges’ decisions. Defended cases have risen from 9% in 2010 to an all time high of 13%, so far in 2011.
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Paul Shamplina, founder of Landlord Action, informs us that there are a multitude of reasons for this increase with blame falling on both parties. Listed county court closures are putting pressure on neighbouring courts to manage the workload, which with an increase in defended cases, is taking even longer, and all the while leaving landlords without rent.
Paul comments “Firstly, as the increased cost of living and rising rents put strain on tenants, our instructions for rent arrears cases going to court have risen, at the half year point these were 11% up on the same time last year. Secondly, those experienced landlords, who already know the market and are aware of the competition for rental properties, are less tolerant of defaulting tenants and unacceptable behaviour towards the treatment of their property.”
With free advice for tenants now more readily available from corporations such as Shelter and Citizens Advice Bureau, many are now more conversant on rental laws than their landlords, and some are using this to their advantage.
Paul comments “A delaying tactic used by tenants, such as filing a defence on the day of the hearing making it difficult for the judge to grant a possession order within the listed five minutes, is resulting in many cases being adjourned to consider further evidence.
“These, often sham defences, put forward so the tenant can remain in a property for longer rent free, are putting amateur landlords in financial hardship through expensive court costs and loss of rent until the second hearing. In some circumstances, we have landlords who will continue a rent arrears case and try to evict the tenant under section 21, possession only cases.”
Whilst some landlords carry out thorough due diligence, others pursuing rent arrears do not comply with their care of duty as a landlord in relation to reported repairs and maintenance issues, something which should be upheld even if the tenant is in arrears.
Paul Shamplina adds “In this instance, if the case goes to court, quite rightly tenants have grounds to defend the case put against them, along with the support of free legal advice by duty solicitors which is now available to tenants.”
