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EXCLUSIVE: Landlords rush to beat possession claim deadline

paul shamplina

Eviction specialist Paul Shamplina says it’s been “carnage” this week as landlords try to beat the last-minute rush to issue possession claims.

Landlords who served section 21 or section 8 eviction notices before the Renters’ Rights Act was introduced on 1st May have until tomorrow (31st July) to apply to the court for possession. Student landlords with qualifying tenancies signed before 1st May also have until then to use the special two-month notice period granted under Ground 4a to ensure properties are available for the new cohort of students.

Any remaining Section 8 or Section 21 notices served before 1st May will automatically expire on 31st July if landlords haven’t applied to court by then, regardless of how much time would otherwise remain on the notice.

Calls

Landlord Action staff have been inundated with calls from panicked landlords all week, founder Shamplina tells LandlordZONE, and it’s had to turn away dozens of instructions due to capacity and time this week with landlords calling. For some, it’s simply too late to undertake the necessary document reviews, draft a claim and get it into the court, he explains. “Call levels are sky high – it’s been carnage. I’ve never seen anything like it in my 35 years of acting for landlords.”

Meanwhile, process servers are hand-delivering claims bundles to courts to ensure receipt. But even when the papers are all served, there’s still the issue of lengthy administration, potential lost documents and inevitable court delays for possession orders and hearing date – as well as the inevitable wait of up to a year for a bailiff eviction, with councils often telling tenants to stay put until eviction day.

Reveal

The Quarter 3 possession figures will reveal the true extent of the exodus, says Shamplina, who predicts a massive spike – and resulting pressure on temporary accommodation and homelessness. Landlord Action is now starting to see instructions of Section 8 using Ground 1A, for selling a property.

“These are tough, emotional and stressful times for landlords,” says Shamplina, “however, they have known about this deadline for a long time and should have prepared for it.”

The NRLA advises that although these landlords weren’t legally required to provide either the tenant information sheet or written statement for their existing tenants, while the process was ongoing, once proceedings conclude they will have a month to do so.

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Paul Shamplina
Possession claims

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