Where a landlord needs to regain possession urgently because of poor tenant behaviour and the tenant refuses to leave, landlords have to resort to the courts.
The Residential Landlords Association says that the long delay in dealing with cases means that a landlord may go without any rent or suffer damage to the 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.
Following a question tabled by Kevin Hollinrake MP, the Government has clarified that the average time taken for a landlord to repossess a property was 22 weeks in 2017, up from the 16.1 weeks it had previously quoted using a less common calculation of the average. This masks considerable regional differences, with the wait for a property to be repossessed being 25 weeks in London and with a low of 18 weeks in the South West.
The RLA is 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.
The RLA says that many landlords are using section 21, or ‘no explanation’ evictions, because the alternative process that requires applications to the court are too long and cumbersome.
The Government is currently consulting on speeding up justice in the private rented sector 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.
David Smith, Policy Director for the Residential Landlords Association, said: “These figures show that the court system is failing to secure justice for landlords and tenants when things go wrong.
If Ministers want to roll out longer tenancies landlords need the confidence that in cases where they legitimately want to repossess a property the system will respond swiftly. It is not good for either tenants or landlords to be left in a prolonged period of legal limbo.
We hope that the Government will press ahead with a properly funded and fully fledged Housing Court.”
To speak to one of our team at Belvoir Liverpool Central please call us on 0151 231 1613 or email liverpoolcentral@belvoir.co.uk
