This is the continuation of an interview with Landlord Action’s legal chief, Paul Sowerbutts, about how evictions will work after the abolition of Section 21 Notices. For part I, please see earlier month’s articles.

  1. Q) So, how long will Section 8 Notices actually take?
  1. A) Both Section 21 and Section 8 Notices take approximately the same time, which is about 6 months from start to finish. However, there is currently a shortage of bailiffs willing to carry out the court’s orders. Many are working to rule, complaining they lack the correct safety equipment, such as stab vests, and that they are underpaid and undervalued. It is adding another 3 months to the timings of both types of notices.

The main difference between the two, though, is that Section 8 notices must be heard in court, so they are far more likely to suffer delays. If, for example, a tenant counters your claim of rent arrears with disrepair issues, there will have to be a full hearing and that can take up to a year.

  1. Q) Is there any way to get around the bailiff delays?
  1. A) It is possible to get cases transferred to the high court, where bailiff availability is not such an issue, but only in the most serious cases. Landlord Action is currently lobbying for this to be made easier.
  1. Q) How much will Section 8 Notices cost?
  1. A) There is no real cost difference between attaining a Section 8 and a 21 Notice, both of which typically cost between £2,000 and £2,500. However, if the Section 8 Eviction Notice is defended, the costs can easily escalate to £10,000 and more.
  1. Q) Will tenants then get a court record of some kind, and will that help flag up problem tenants?
  1. A) It has been widely reported that tenants will be deterred from defaulting on their rent by the prospect of getting a CCJ and its adverse effect on their credit rating. What is not being reported is that, in reality, many will not receive a CCJ, as the eviction notice will not be on public record. It will only go on record if their rent arrears are pursued through the courts. As the tenant is already likely to be in financial difficulties, landlords tend not to bother doing so until 6 to 9 months after the eviction in the hopes the tenant’s finances will have improved. Many don’t bother at all.
  1. Q) How do you see tenants reacting to the changes?
  1. A) Tenants are, unsurprisingly, going to be pleased and emboldened by the changes, as they will not only have far greater security of tenure, but if things go wrong, they will have also more power to challenge their landlords. And, under the new Housing Loss Prevention Scheme, tenants will also have the right to see a duty solicitor free of charge, ensuring they will get high-quality advice if there are any disputes. They won’t have it all their own way, though, the current lack of rental properties means landlords are able to be very choosy about who they let to. Many are already demanding guarantors.
  1. Q) Are there any loopholes landlords should be concerned about that tenants could take advantage of?
  1. A) The main area of concern for landlords will be spurious disrepair counterclaims. Even if there is no substance to the claim, the judge will still have to hear all the details and that would mean a full hearing at a later date and delays of up to 12 months.
  1. Q) So, what’s the best way of avoiding disrepair claims?
  1. A) One of the best ways is to keep on top of problems before they occur and that entails making regular inspections of the property. You should also ensure you always respond promptly to any problems and that you keep good records. In the UK, damp is normally at the top of the disrepair list, but sometimes, the tenant is at fault. If that’s the case, you can provide support on ‘how to use the property’. This might be anything from advising them to keep windows open when showering or boiling water, or that they should close the doors and open the windows of a room where washing is drying.
  1. Q) What are the potential loopholes for landlords?
  1. A) Landlords will soon work out if they claim they are evicting their tenant(s) because they are either selling or moving a family member into the property, any disrepair issues will be deemed irrelevant. So far, the proof required is not too onerous and even though it will not be possible to re-let the property for three months after the eviction order is granted, it will be far less of a delay and cheaper than a full court hearing. Landlords should be aware, though, that Section 8 Notices cannot be served during the first 6 months of a tenancy.

Landlord Action was established in 1999 and is one of the UK’s best-known eviction and housing law specialists – authorised and regulated by the Solicitors Regulation Authority. They deal with problem tenants, landlord and tenants disputes, squatters, rental debt collection and other housing matters in England and Wales.