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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

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, and we are incredibly proud of our
reputation for sourcing reliable tenants with whom we enjoy an excellent
ongoing relationship to the benefit of all concerned. 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 expert managing agents
such as ourselves – we’re here not only to maximise your return on investment,
but also to ensure you sleep easy!

Richard Rawlings 2020 except where excluded under licence.