Increase in possession proceedings

Our legal services provider, Woodstock, has noted an increase in the need for possession proceedings. Local councils appear to be advising tenants to remain in their homes until they are evicted by bailiffs. This practice can put immense pressure on the sector, as landlords often incur significant costs to evict their tenants from their properties.

The National Residential Landlords Association (NRLA) is raising the issue with the government, noting that some local councils are still advising tenants to remain in the property until they are evicted by bailiffs. This practice was supposed to be consigned to the past following measures such as the Homelessness Reduction Act 2017 and the latest Homelessness Code of Practice. Both aim to provide earlier support for tenants facing homelessness and prevent the need to wait for bailiffs.

Unfortunately, the NRLA reports that some councils are still refusing to help evicted tenants until a possession order has been granted. This results in increased costs for both tenants and landlords and leads to increased uncertainty for all parties. This trend has been evident in recent months, with Woodstock reporting an increase in tenants being advised by local councils to stay put.

Housing Minister Brandon Lewis states that housing authorities should not consider it reasonable for an applicant to remain in occupation until eviction by a bailiff, nor should they insist upon a court order for possession. He further comments that “If the landlord intends to seek possession and there would be no defence to an application for a possession order, then it is unlikely that it would be reasonable for the applicant to continue to occupy the accommodation. Unless a local authority has very good reason to depart from the statutory guidance, then they should not be placing households in this position.”

It is still to be determined whether it is legal for councils to advise tenants to stay put in their homes until they are evicted.

Rent and Legal Protection

Our Rent and Legal Protection Policies provide a robust defense system, helping letting agents and landlords to mitigate financial risks, streamline administrative tasks, and safeguard their reputation from tenant defaults and prolonged legal battles. Rent and Legal products can integrate seamlessly into your property management provision, offering significant cost effectiveness compared to the expenses associated with eviction procedures.

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