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Eviction Not So Easy

Eviction Not So Easy

A recent survey showed that 62 percent of Section 8 or Section 21 notices sent to tenants are incorrect, leaving their enforceability open to legal challenge.  The study, by legal facilities company Landlord Action, suggests that most of the errors come from those landlords who chose to serve these notices themselves in an attempt to cut corners or save costs.

However, the court takes a very dim view of incorrect procedural approach when it comes to eviction proceedings and if anything, tends to favour the tenant.  The five main inaccuracies cited involve incorrect tenancy expiry dates, a failure by the landlord to comply with deposit legislation, inaccurate rent arrears schedules, an inadmissible method or timing for the serving of the notice, or simple typing errors.

The problem is that these errors may only be noticed several months into the proceedings and, once discovered, could well mean that the process has to be restarted from the beginning involving further delays and additional costs.

The notice element is the most important part of a possession court case, and the slightest mistake can end up costing a landlord significantly more than the cost savings - in extra legal fees, delays, and lost rent.  Overall, the issue of repossession should never actually arise, if reliable tenants are sourced and correct checks carried out.  Fewer and fewer landlords are seeking to manage their own investments because of the increasingly complex procedural understanding required. Most now find that it is just not worth the hassle and are relieved to hand responsibility over to a managing agent who can take away the majority of the stress.