Courts set to grant erring tenants eight-week amnesty

Landlords whose tenants are in arrears face an uphill battle to evict them the nearer Christmas gets, says Landlord Action founder Paul Shamplina. He says courts operating skeleton services are likely to give tenants an eight week amnesty over December and January

He was speaking out after housing charity Shelter predicted that 35,000 people face losing their home by the end of the year through repossession, either after falling behind with mortgage payments or through eviction as a result of rental arrears.

But Shamplina, founder of the tenancy eviction service, said landlords could have little option but to show more understanding at this time of year. 
 
He said: “Reports from Shelter that 35,000 people are at risk of losing their home before the end of the year are staggering. That said, in my 11 years of working in the eviction industry on behalf of landlords, this year we have seen landlords struggling to pay mortgages more than ever before.

“Hence, some are taking quite aggressive and prompt action.
 
“The build-up before Christmas is always a time where we see rent arrears increase as finances are stretched beyond their average monthly expenditure. Our yearly January figures show that we at Landlord Action always receive an increase of instructions to evict defaulting tenants just after the Christmas period.
 
“With unemployment rising at a very fast rate and tenants struggling with rising utility bills, the cost of living has become unmanageable for some, and as a result, rent payments are likely to suffer. 

“My advice to landlords is that they need to consider their actions towards defaulting tenants at this time of year.

“Whilst we understand many landlords have mortgages to pay, it is worth bearing in mind that the courts will run on a skeleton service and many county bailiffs give an amnesty of approximately four weeks either side of Christmas.”
 
He added: “The best solution is by way of communication. Talk to your tenant and try to come to some sort of arrangement for them to pay off the arrears before taking legal action. At this time of year, you could find this more time and cost-effective.
 
“However, this should not give carte blanche to tenants to avoid paying rent, but instead, encourage them to demonstrate their willingness to repay, and be co-operative with, sympathetic landlords.”