Posted by: encon commercial real estate services | June 29th, 2014
Six in ten eviction notices have errors
Written by: Rosalind Renshaw | June 23, 2014
Over six out of ten legal notices served by agents and landlords on tenants are incorrect.
The claim comes from eviction specialists Landlord Action which looked at the last 200 instructions received from agents and landlords that had served their own legal notices on tenants (Section 8 and Section 21).
The findings reveal that 62% of these notices were incorrect, which meant they were invalid or posed a greater risk of being thrown out at court â€“ resulting in the need for new notices to be served.
The study found the top five reasons for notices being invalidated are:
1.Incorrect expiry dates
2.Failure to comply with deposit legislation
3.Inaccurate schedules on rent arrears
4.The method of how the notice was served
5.Typing errors on the notice
Paul Shamplina, managing director of Landlord Action, said mistakes in eviction notices are among the most common reasons for delays and increased costs in trying to recover possession from a tenant who has an Assured Shorthold Tenancy.
Shamplina said he understood that some landlords serve their own notices to save expense.
He said: â€œI understand the need for landlords to consider every cost, but I canâ€™t stress enough that the notice 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 â€“ in extra legal fees, delays and lost rent.
â€œOver the last year, we have encountered an increasing number of problems with notices served by landlords and agents.
â€œUnfortunately, some landlords and even agents are making classic errors when drafting and serving notices.
â€œThe worst-case scenario for a landlord desperate to regain possession of a property is to be three months down the line and find they have to start the whole process all over again, costing them a small fortune in legal fees and lost rent.â€
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