Posts with tag: evicting tenants

Victory for Bristol Tenants in Subletting Scandal

Published On: September 5, 2016 at 10:48 am

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Two Bristol tenants have won a landmark victory in the private rental sector after suffering a subletting scandal.

The couple faced eviction from their flat after discovering that the man they were renting from did not actually own the property. The pair has now won their case in the Bristol Civil Court to avoid being evicted.

Avik Banerjee and Katarzyna Kobylka successfully challenged an eviction order issued to them by the man who did own their flat, in what tenants’ rights campaigners have called a huge victory for private tenants suffering from Bristol’s housing crisis.

Victory for Bristol Tenants in Subletting Scandal

Victory for Bristol Tenants in Subletting Scandal

Mr. Banerjee and Ms Kobylka faced homelessness if they were evicted from their flat on Stapleton Road in Easton.

However, the couple managed to persuade a judge at the court that the owner of the flat, Nazir Ahmed, had not properly served the eviction notice, as it did not have their names on it.

The pair’s nightmare began when they answered an advertisement on Gumtree for a flat to rent in Easton last August. They met the man who placed the advert, Joe Pike, viewed the property and signed a tenancy agreement with him, paying £450 a month in rent.

Ahmed served an eviction notice in June, but as it simply stated “Joe Pike and other tenants”, the couple decided to challenge it.

The judge was told that Mr. Ahmed had no idea Mr. Pike was subletting the flat to the couple, while the pair claimed that the two men were “working together” and that Mr. Ahmed was completely aware that they were living there. Mr. Ahmed denied the claim.

The case collapsed when Mr. Pike admitted that he had formally left his tenancy in May 2015, but kept a set of keys for the flat and began subletting the property to the couple later on that summer.

The judge agreed that the couple should be given the correct two months’ notice to leave the property – something they wanted to do anyway.

Mr. Banerjee explains: “We decided to stand up because if we didn’t, who will? We could have left and not made a fuss and cried about what happened to us, and maybe wanted or wished someone else would stand up for us, but no one would have.

“Everyone we went to, every solicitor, and the council’s housing person, told us just to leave and not fight it, because they said we would lose, but we had nowhere to go and we knew we were right.”

Mr. Ahmed told the Bristol Post that he was the “innocent party”, blaming Mr. Pike for “dropping him in it”.

He said: “I’ve had no rent at all. I haven’t been in the flat threatening anyone. I’m an innocent party and I’ve lost out. The judge never gave me a chance to talk in court.”

Nick Ballard, the organiser of social justice group ACORN Bristol, said the case shows the extent of the housing crisis in the city and the victory is important in solving it.

“This case shows that there are landlords who will set up illegitimate deals, whether for tax or other reasons, and that puts tenants into the firing line through no fault of their own,” he insists.

“That’s why we need proper regulations and a code of conduct. Renting out property is a business and should be treated as any other business, but there’s no proper legislation and that’s why you get predatory individuals as landlords.

“Avik and Katarzyna felt angry enough and stood up for themselves and the court found in their favour – this is why ACORN exists, to give them and other renters the support they need.”

Landlords, this guide will help you serve an eviction notice correctly: /legal-expert-offers-advice-landlords-section-21-notices/ 

Possession Delays Caused by Call Centres, Claims Landlord Action

Published On: November 30, 2015 at 10:19 am

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A year ago, tenant eviction specialist Landlord Action reported that possession claims were being delayed by under-resourced county courts. Twelve months later, it says that the issue has not improved and is worsened by temporary staff running call centres.

Possession Delays Caused by Call Centres, Claims Landlord Action

Possession Delays Caused by Call Centres, Claims Landlord Action

It warns other practitioners: “If you want an answer quickly, be prepared to chase.”

The firm has an appointed member of staff to follow up any claims made to the courts. This way, Landlord Action continues to provide an efficient service, despite the delays in the system.

However, it found that due to court closures, some county courts are operating call centres with temporary staff that have little or no experience. These teams are processing claims and correspondence.

Julie Herbert, Head of Legal at Landlord Action, was informed that in one particular call centre, there were just six people dealing with 55 different courts.

Herbert states: “It is evident that those at the call centre are not qualified to be able to differentiate between correspondence that can sit on a file, and correspondence that needs the urgent attention of a judge in order for a case to progress. We have had numerous incidents where court staff appear to be opening post, filing it and doing little about it, adding to the problem even further.”

The company fears that with further planned court closures and the introduction of the Deregulation Act 2015, there may be a rush of more “defended, contentious cases” jamming the system and causing even longer delays.

Herbert suggests: “When correspondence is received by the court, it needs to be looked at by someone who is capable of deciding whether the item of correspondence requires any action. If they are going to close courts, they need to transfer some of those qualified members of staff to these call centres.

“Alternatively, train up more qualified staff so that they have a legal understanding of each item of correspondence which the court receives. It can then be processed, saving numerous calls from practitioners chasing them up.”

Herbert believes that many applications by tenants have “no merit”. However, office staff are processing some applications, with the hearings being planned weeks after a possession order has been granted, meaning further losses for landlords and putting pressure on court resources.

Herbert adds: “If judges actually got to see these applications in the first instance, decisions could be made on most without the need for a hearing.”

Landlord Action advises other practitioners that are awaiting a reply from the courts to make regular chase up calls.

Herbert concludes: “If told that it is in the system, push to know exactly when the file was or will be referred to a judge, as well as asking what timeframes are in place for when you can hear back from the court and take a name. It is important to follow up your conversation with the court by email, as this also provides evidence for you to show your client that you are being proactive.”

Are you currently trying to gain possession of your property? And have you faced difficulty?

Baby Dies After Family is Evicted Over Rent Arrears

Published On: October 16, 2015 at 4:51 pm

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Baby Dies After Family is Evicted Over Rent Arrears

Baby Dies After Family is Evicted Over Rent Arrears

A premature baby died the night his family was evicted from their home by agencies that were not aware of the potential consequences of their actions, a serious case review reveals.

The ten-week-old baby was forced to leave his home with his parents and one-year-old sister after the family fell into rent arrears.

He slept with a parent on his grandparents’ sofa that night, but by the next morning, he had died. A coroner recorded an open verdict over the death, and the serious case review confirmed there was no mistreatment.

However, Warwickshire County Council discovered that agencies, including social services and NHS workers, could have done more during the September 2013 eviction.

Joanna Nicolas, author of the report, states: “Agencies had not fully understood the issues and could have done more to mitigate the impact of the eviction.”1

If your tenants are struggling, here’s some advice on how you can help: /landlords-and-tenants-should-work-to-cut-rent-arrears/ 

1 Tahir, T. (2015) ‘Baby dies after his family are evicted’, Metro, 15 October, p.14

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Most Tenants are Unaware of New Eviction Law

Published On: October 1, 2015 at 4:00 pm

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A huge 88% of tenants are unaware of the new law introduced today, 1st October, that protects them from revenge evictions, according to a study by the National Landlords Association (NLA).

Most Tenants are Unaware of New Eviction Law

Most Tenants are Unaware of New Eviction Law

The law, part of the Deregulation Act, will prevent landlords from ending a tenancy using a section 21 notice, or the no fault ground, if they do not address a complaint about the state of repair of the property made by their tenant to the local authority.

The NLA is urging local councils to provide a clear structure of how they plan to deal with complaints, to ensure that genuine issues are taken seriously and that false ones do not prolong the possession process.

CEO of the NLA, Richard Lambert, says: “These kinds of evictions are extremely rare but we have to make sure that complaints by tenants don’t just get lost in the system, regardless of whether they’re legitimate or not.

“The majority of landlords only choose to end a tenancy if it’s absolutely necessary, so we have to make sure that the system isn’t abused by those simply trying to prolong the evictions process.”

He continues: “We all know that local councils are under-resourced, but housing problems must take priority. If a tenant complains about a potentially hazardous issue then both they and their landlord should have a clear expectation of how and when the council will deal with it.

“If councils fail to act on complaints then it will undermine the law and tenants’ confidence in a system that’s supposed to protect them.”1

The survey also asked tenants why their last tenancy ended. It found:

  • 9% of tenants were asked to leave a property after asking for repair or maintenance work to be conducted.
  • 82% feel assured by the new law.
  • 78% said their last tenancy ended at their own request.
  • 15% ended as the landlord wished to sell the property.
  • 4% ended because the tenant could no longer afford the rent.
  • 1% ended as the tenant was in arrears.

1 http://www.propertyreporter.co.uk/landlords/9-out-of-10-tenants-unaware-of-new-revenge-eviction-law.html?utm_source=Email+Campaign&utm_medium=email&utm_campaign=21136-123658-Campaign+-+01%2F10%2F2015+shaw

 

 

RLA Urges Housing Minister to Delay New Section 21 Rules

Published On: September 17, 2015 at 12:57 pm

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It is just two weeks until the new section 21 rules are due to be enforced, but the Residential Landlords Association (RLA) has urged the housing minister to delay implementation.

It has warned Brandon Lewis that there is a “major drafting error” in the new prescribed section 21 notice.

Lawyer Giles Peaker has also identified this “significant error” in his Nearly Legal blog.

Furthermore, he has criticised the “last minute approval of the regulations”, claiming that there is potential for “lots to go wrong”.

The new section 21 form is due to be legally binding from 1st October, part of the Deregulation Act.

RLA Urges Housing Minister to Delay New Section 21 Rules

RLA Urges Housing Minister to Delay New Section 21 Rules

However, the new form contradicts the Act.

The current draft of the form states that where a fixed-term tenancy ends and then turns into a rolling or periodic tenancy, the section 21 notice will only be valid for four months from the date that it is served to the tenant.

However, the Act says that the required period to regain possession of a property where a tenancy is rolling or periodic, should instead be four months from the date the section 21 notice expires.

Despite the RLA engaging with the Government throughout its plans, the final version of the standard form has not been shown to the body.

The RLA warns that the drafting exposes landlords to legal difficulties and is calling for the enforcement to be delayed, giving more time for them to correct the issues.

Policy Director at the RLA, David Smith, says: “The RLA continues to share the Government’s ambitions to ensure that all landlords understand and properly implement their legal responsibilities and obligations.

“In light of the major changes being introduced for the sector, it is vital that all documents published by the Government are clearly understood. This drafting error will serve only to dent the confidence of landlords in the legislation.

“Whilst ministers are understandably eager not to let these new measures drift, it would make more sense not to rush their implementation than face the potential legal difficulties that will now arise for landlords.”1

Peaker’s blog says that there are complications around the requirement for landlords or letting agents to give new tenants the Government guide, How to Rent.

If the booklet is not provided, then a section 21 notice cannot be served.

Additionally, Peaker says the obligation to provide Energy Performance Certificates (EPCs) and gas safety certificates before the tenant moves in, “will no doubt trip up quite a few landlords and agents”.

Read the blog here: http://nearlylegal.co.uk/2015/09/1-october-2015-section-21-day/

1 http://www.propertyindustryeye.com/more-chaos-as-housing-minster-told-to-delay-new-section-21-because-of-error/

Important Section 21 Changes

Published On: August 26, 2015 at 11:50 am

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Important changes regarding section 21 notices, affecting landlords and letting agents, will be implemented in a matter of weeks through the Deregulation Act 2015.

The main changes apply to the rules on serving a section 21 notice, via the Housing Act 1988, which terminates a tenancy.

The new rules will be enforced on 1st October and apply to tenancy agreements entered into on or after that date.

A lawyer of Greenwoods Solicitors, Michelle Cox, has compiled the following guidance.

“The main changes to be aware of are:

  • “It will no longer be possible to serve a section 21 notice until the tenant has lived in the property for a minimum of four months. This is designed to stop landlords serving a section 21 notice as soon as a tenant moves in. As before, the notice can’t expire in any event before the end of any fixed term.
  • “A section 21 notice will only be valid for six months from the date it was given. This means that if the tenant doesn’t leave, possession proceedings must be commenced within six months of the service of the section 21 notice. Different rules apply where the notice period set out in the tenancy agreement is more than two months.
  • “A section 21 notice will no longer be invalid if the date of possession given on it is not the last day of a tenancy period. This has traditionally been one of the main reasons that a section 21 notice fails. As long as a full two months’ notice is given, then unless another unconnected error is made, the section 21 notice will be valid.
  • “Landlords will be unable to serve a section 21 notice in circumstances where it is in breach of its legal obligations to a tenant. This includes obligations as to the condition of the property, the health and safety of the occupants and failure to provide an Energy Performance Certificate [EPC] or a valid gas certificate for the property.
  • “When a section 21 notice is served, all rent that has been paid for any period where the tenant ceases to live in the property must be repaid to the tenant. This has implications where a tenant who has paid their rent decides to leave when they receive the section 21 notice rather than when the notice expires. Where a tenant pays a full month’s rent but then is required by the section 21 notice to vacate or voluntarily vacates mid-way through the month, the tenant is entitled to be reimbursed the overpayment of rent for that period.
  • “One change that is already in force relates to the protection of deposits. All deposits ever taken which are still being held must now be protected. Once complete, the deposit protection certificate and all prescribed information must be served on the tenant. If any deposit has not been protected or returned to the tenant, a section 21 notice cannot be served.”1

1 http://www.propertyindustryeye.com/essential-update-for-letting-agents-important-changes-coming-up-to-section-21/