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Eviction reforms will "stack everything against landlords even more"

Paul Shamplina

The Government’s claim that evicting problem tenants will be easier following the abolishment of Section 21 evictions has been called into question by a leading expert.

Paul Shamplina, founder of Landlord Action and well-known for his appearances on Channel 5 series Nightmare Tenants, Slum Landlords, has taken to task a claim yesterday by a Ministry of Housing, Communities and Local Government (MHCLG) spokesperson that the overhauled Section 8 eviction process would ‘strengthen’ landlords rights, and that they would be able to quickly remove anti-social tenants.

Reacting to a BBC story about a landlord in Camberley, Surrey who experienced a ‘nightmare’ year after her tenant stopped paying the rent a year ago and left the property covered in rubbish and rotting food internally and externally, Shamplina says government reassurances that the overhauled Section process will offer resolution to landlord facing rogue tenants are wishful thinking.

In the Camberley case the landlord, Nevena Khediri, says the process to remove the tenant was “tremendously slow and long-winded” during which the tenant racked up rent arrears of £40,000.

In response to her criticisms, MHCLG has said: "Our reforms allow landlords to make a possession claim to the court immediately in cases of anti-social behaviour– making it quicker to evict tenants damaging properties and disrupting neighbourhoods.

"Landlords will also be able to evict a tenant if they have more than three months' arrears at the time of a court hearing."

Anti-social tenants

But Shamplina is sceptical, saying: “Evicting tenants under Section 8 has always been weak particularly when dealing with anti-social tenants, and the amendments the Government has added to the legislation will make no difference."

While he welcomes landlord’s ability under the new rules to ‘immediately’ start eviction proceedings against badly behaved tenants rather than having to wait to give notice, Section 8 evictions are ‘discretionary’ meaning it will be down to the judge, after seeing evidence of bad behaviour, to decide if an eviction is a ‘reasonable’ next step.

“So it’s going to be evidence based – and getting that can be difficult because fellow tenants in an HMO for example, or neighbours, may be unwilling to provide evidence because they’re afraid of the individual behaving badly or who is violent and intimidating, and also gaining access to a property to take pictures can equally be problematic," he says.

The TV star says there needs to be a priority court list to deal with these kinds of pressing cases involving a conviction – because landlords may be able to start proceedings immediately but may have to wait months for a court hearing date.

The average waiting time from serving a notice to getting a hearing date is currently five months, although one court in London has an average of 11 months.

“When it comes to evicting anti-social tenants, abolishing Section 21 means everything is stacked against good landlords to an even greater degree,” adds Shamplina.

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Evictions

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