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Shamplina Speaks - What Does Court Reform Actually Look Like?

As we all now know, the Government has acknowledged that the ban on Section 21 eviction notices cannot not come into effect until a number of new conditions are met and HM Courts & Tribunals Service (HMCTS) is fully prepared for the changes.  

Necessary improvements include digitising the court process, hiring more bailiffs, giving tenants better legal advice, and prioritising anti-social behaviour cases. 

Naturally, this announcement has been met with fury from renters and tenants’ groups.

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However, I would point out that the introduction of the Renters (Reform) Bill promised to create a fairer private rented sector for both tenants and landlords and removing it now would not do that. Section 21 will be abolished, but as I have said time and time again, doing so without the necessary provisions in place will not only be to the detriment of landlords, but will mostly impact tenants by squeezing the already diminishing pool of rental properties available and driving further rent rises. 

The reality is that the Government has a year to make the necessary improvements, and with the latest figures from the Ministry of Justice (Period July to September 2023) showing that it takes on average 23 weeks from making a claim to the court being able to take possession of a property, there is a lot of work to be done. 

The court system is the worst I have seen it in 30 years and landlords who simply want out of buy to let are calling me in disbelief that it is taking up to nine months from serving notice to regaining possession.  I am grateful to Theresa Villiers for her efforts to bring these issues to the forefront of the government's attention during the debate following the King’s Speech. 

Ultimately, there is a ‘wish list’ of what court reforms would ideally look like, and then there are the realistic and practical steps which must be taken in order to streamline the process, improve efficiency and crucially, accommodate the natural surge in cases which will happen when all evictions rely on Section 8. 

Increasing the number of judges is fundamental and although we know 1000 more judges have already been appointed, consideration should be given to approaching retired judges to work part-time.  Tapping into their wealth of experience would ease the burden on existing judges and provide a quick solution to helping clear the back-log of cases. Perhaps another option could be looking at whether, with adequate training, solicitors could become part-time district judges who qualify specifically to specialise in landlord and tenant disputes. 

Either way, as well as needing more judges in the long-term, addressing the existing backlog must be a priority as trying to get through to the courts at present is proving almost impossible. They need more bodies and more administrative support. 

I maintain that in the interim, whilst improvements are being made, the directive to judges must change. 

In cases where landlords can prove financial hardship, judges at County Courts should start granting leave to transfer more eviction cases with serious arrears to the High Court to enable cases to be resolved in four to six weeks, not months and months. Some landlords have already waited more than six months to reach the point of eviction and are being financially crippled by the delays. 

We know from years of experience that High Court Enforcement Officers (HCEO) provide a viable and fast alternative service to using County Court bailiffs to evict tenants.  I accept that the High Court cannot fix the problem in its entirety, nor can it be the long-term solution, but it could help with clearing the backlog of cases, which is essential before any further pressure is added to the court system. 

Then there is the need to bolster bailiff support. 

The number of bailiffs has been dwindling for many years and there is a historic lack of investment in the court system. We’ve spoken to bailiffs who are coving three or four courts, which is simply not manageable given the rising workload. This leaves landlords trapped, incurring even further losses from rent arrears for an extended period of time. 

Adequate resources need to be allocated to encourage more bailiffs back to the sector. As well as increasing salaries, bailiff roles need to be restructured to focus more on case support and less on administrative tasks. 

We already know that digitising the court system is on the agenda but more specifically I think this needs to include expanding online platforms for filing evidence, conducting more remote hearings (which would also benefit tenants) and extending the duration of hearings since cases are increasingly complex. The increase in future Section 8 cases necessitates an upgraded digital infrastructure for a smoother process. 

Finally, mediation has been available for some time, but I think there needs to be a greater onus on this, introducing it at earlier stages may prevent cases escalating.  There is an argument that once the relationship between landlord and tenant has broken down, mediation will not work. However, imposing penalties for parties failing to mediate or being unreasonably obstructive may incentivise cooperation and expedite case resolutions.  

Reforming the UK courts is an essential prerequisite to the abolition of Section 21 notices. By enhancing judicial capacity, leveraging technology, introducing early mediation, and ensuring accountability, the courts can efficiently handle the expected surge in Section 8 cases while streamlining processes for fair and timely resolutions.

Paul Shamplina is founder of Landlord Action, Chief Commercial Officer at Hamilton Fraser, and is on Channel 5's 'Nightmare Tenants, Slum Landlords' * 

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    The problem is that the whole renters reform bill has been a big mistake; the biggest mistake in a generation.

    It has led to many landlords selling and rents consequently rising considerably. The situation is going to get worse as more landlords sell. Many are teetering on the brink of putting their properties on the market.

    This Government or Labour needs to announce a change in tack - perhaps a mixed system of long fixed term tenancies and short fixed term tenancies of three to nine months duration (for students and visiting professionals) with tenants having the right to leave early (a month's notice?) should they change their minds about the arrangement. Indefinite periodic tenancies are not acceptable to landlords, and people do not have to be landlords. They will put their money into another investment.

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    Totally agree with your comments, but……. I fear Labour will press the ‘ Button 🔴’ and do what Scotland did, emergency legislation to ban all evictions and rent rises. We won’t have time to sell 😰😰

     
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    Student tenancies are usually somewhere between 48 and 51 weeks. Erasmus or PGCE students often want just one semester but have always found it incredibly difficult to find a landlord willing to risk such a short let in a student house. What are we going to do with the house for the other 7 to 9 months? In order to retain student houses in the student market and therefore available to future students the proposal to ensure tenancies end between June and September is very practical. Universities need to do their bit and ensure all courses end in that window. Some Masters courses currently don't.

    If your visiting professionals have always wanted fixed term tenancies to correspond with their contracted time in the UK what changes? Why is it going to make any practical difference to your letting pattern? Are any of them likely to decide to stay longer?

    What in practical terms is the difference in the indefinite periodic tenancy you are so fearful of and the Statutory Periodic Tenancy millions of landlords have used for decades? We all start with a 6 or 12 months standard AST and then just let it roll onto a SPT. When the tenant wants to leave they give notice. We can increase rent annually. We can evict in exactly the same way as a landlord can who uses fixed tenancies (slowly and with all the same complications). While Section 21 exists we're actually less restricted regarding the eviction timetable as we only have to wait until 2 months before the end of the fixed term once. After it rolls onto the SPT we can start a Section 21 anytime.
    Personally I like tenants to settle long-term and create proper homes. It may be my house but I'm happy for it to be their home for as long as they abide by the tenancy agreement.

     
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    This is not about me, Jo, and my letting model at the moment.

    The historical data show that people do not let property when tenants gain security of tenure.

     
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    I agree with Ellie, but would go further. There has been a consistent attack on Landlord's from Government bodies, media and Charities. This has severely dented the desire for Landlord's staying in the industry or investing in it.
    Then add in the Council's licensing scheme's and wilful choice by Council's to encourage tenants to ignore the terms of the contract when a Landlord wishes to evict a tenant.
    Section 24 then has penalised Landlord's to such an extent that it is costing some mortgaged Landlord's to have properties let! When you factor in the higher interest rates and other ongoing charges. Not to be able to offset these costs is so unfair, yet it has been done. If you cannot make a resonable profit, then you simply get out.
    Then we come to the RRB. The title says it all. This is for tenants, not Landlords. Once tenants realise their new rights it will be catastrophic in my view. It will be so so easy for tenants to stop paying rent as they have a dispute with the Landlord. Of course this will backfire in the end but not after a lot of cost to the Landlord.
    Now, there are far more lucrative investments, without all the hassle.
    The shame of it is that I have enjoyed being a Landlord. I have enjoyed buying a run down house and then turning it around to be a desirable place to live. Yes I have had some unscrupulous tenants but, in the main, have had decent people whom I have been able to work in partnership with, though tipped in my balance and quite rightly so.
    However, in my view, the writing is most certainly on the wall.

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    I too have enjoyed buying run down properties turning them around and renting them to good tenants many of whom have become friends, however there is always the risk of getting a rogue tenant, with sec 21 I know I can get rid of them, without it the risk is too high

     
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    Given where else your capital can be invested nowadays, BTL is just too risky for small investors.

  • David Saunders

    History tells us No Section 21 = No Properties to let = Homeless figures going into orbit =Shock Horror

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    That is so obviously right, David.

     
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    We can see that, but the politicians cannot. I don't expect Polly Bleat and her useful idiot friends in Nationwide, Generation Rent and Acorn to even consider the consequences since their opposition to Section 21 is their first commandment.

     
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    Labour will ban sec21 from day one when they get into power next year and likely rent increases as well at the same time, courts are simply a waste of time and aren't likely to change much

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    This is my real fear and expectation, they have already said as much, without any court reforms 🫣🫣

     
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    I suspect that as a general election approaches, landlords who can, will sell. Those who cannot will be afraid, very afraid.

     
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    I thought the assumption in Paul Shamplina's piece was that the general election is not going to happen until the end of 2024, but how can we be sure of that?

    The Tories could opt to hold one in May 2024 which is not very far off at all.

     
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    @ Ellie. there is also the threat that another 52 MPs belonging to the faux-conservative party will write letters to the 1922 committee chairman. If a new leader is elected and there is a BIG bounce in the polls, they may well decide to have an election to validate their mandate

     
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    That is an excellent point A.L.

    There is a possibility of something like that happening if some MPs come to the conclusion that Rishi Sunak is not going to enable them to keep their seats after a general election.

     
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    Ellie, if they believe that Sunak will lead then to victory, then that would explain why they do not belive landlords are selling up. They are delusional.

     
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    You know more than I do about this A.L.

    I thought they knew that landlords were selling and that is why they put the abolition of Section 21 on hold - to try to avert a terrible housing crisis while they are still in power.

    A huge number of Section 21 notices will probably be served once a general election is announced. Difficult for Labour to do anything about them if they take power because most landlords will intend to sell. Goodness knows what Labour will do under those circumstances.

    The Tories really need to sort out legislation now which will be acceptable to landlords and Labour, so that some stability is created for everyone. The Renters Reform Bill is not that legislation.

     
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    "I thought they knew that landlords were selling and that is why they put the abolition of Section 21 on hold - to try to avert a terrible housing crisis while they are still in power. "

    Ellie, you seem to have more faith in politicians than I do and credit them with more commonsense. I do wish they would wake up and smell the coffee, but I fear they are all tea drinkers.

     
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    You are right AL - I am probably wrong!

     
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    Paul my friend what a load of waffling nonsense give us some credit do you think we are all brain dead.
    Abandoning Section 21 is the abolishing the Private Sector no question about it. What a bucket of white wash, it’s a continuous attack on Private landlords for the Big Boys to take over and haven’t they grabbed 10% of the Market already but the same rules don’t apply to them, for example if more than 3 Flats in a Block no license required, just add Section 24, just add 19 / 24% tax, not 40 / 45% so Jeremy is the tax cutting Chancellor that has increased taxes.
    LBC banging on about private landlords property confiscation to replace to replace shortage of Social Housing, some cheek to house the people living off the State. Go on buy your own.

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    No need for Government to wait a year to improve the housing situation and the homeless. Since they have the key that caused the desperate housing crisis. The Renter’s Reform Bill. Scrap it now and you’ll see an Instant Recovery, hard to comprehend a Government in Power would go to such lengths to wilfully and deliberately damage the Housing Sector.

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    Couldn't agree more! They need to sort out the situation now.

     
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    I just do not see it happen. Many Landlords will have changed from private to Ltd, at huge expense. Inland Revenue are now looking into some creative tax planning and could be costing these Landlord's a lot more money.
    It is almost unbelievable how the renting market could be handled so badly, yet here we are.
    There is no magic fix because nobody in power is looking to do this. However, eventually the penny will drop. Someone will say it's somebody else's fault and they will then re-invent the wheel. When though is the question, but not soon enough.

     
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    The problem is that there are different agendas at work now in the renters reform process.

    One is a left-wing belief in social ownership of property and another is a belief that wealth/property should be transferred in order to create equality of property ownership. I was reading on the Guardian today (Five things that could help fix Britain's private rented sector) that Civitas (a think tank) has suggested that after three years renters should gain a legal right to buy their home at a discount of up to 35%, capped in the most expensive markets in the way social housing right-to-buy discounts are capped. They say that the cost should be borne by the landlord out of the unearned capital gain they have made as property prices have risen.

     
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    I think just 2 things would instantly fix the housing problem’s.
    (1) Scrap The Renter’s Reform Bill.
    (2) Cancel repeated licensing Schemes. I have Licensed & Re-Licensed 4 times on same properties.

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    Conservatives, Labour, Lib Dems and Green party all want to scrap Section 21. Don't know about the Reform Party - can't find their policy on security of tenure.

    LibDems and Greens want compulsory licensing.

     
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    Repeal section 24 too!

     
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    Andy, I read your comment as if it was addressed to Gove and saw, "Repeal section 24, tool" Must get the glasses cleaned!

     
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    If the landlord cannot sell their empty properties due to market conditions, they will still be out of rental market. The portfolio LL's may be able to have some empty properties for selling or just out of rental market. Chances are labour will want to raise council tax on the empty properties. Generally they are going to make it very difficult all around for the LL's. Long term LL's have probably found rental increases and price increases so may benefit in selling them. LL's with just 1 to 3 properties, probably cannot afford to have them empty if they have mortgages on them. This is a big worry for many LL's.

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    I suspect that some landlords will put their properties up for auction before the next general election.

     
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    Labour are going to be classed as communist government and will do a lot of damage to the PRS in 5 years of office. At the end of the term, there will be a lot fewer homes for the tenants, as the market will be destroyed. Angela Rayner, on her own would totally destroy the market.

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    I think Angela Rayner said the wrong thing about abolishing Section 21 as soon as she takes office.

    She would have helped existing tenants much more if she had said instead that Labour will not apply legislative changes retrospectively. Landlords would not have told existing tenants to leave in those circumstances; instead they would have been much more likely to have hung onto them.

     
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    @Ellie Edwards - my local candidate for reform Kabeer Kher has said he is against RRB and abolishing S21 but I also tried to get an answer from the party as to what their policy is at a party level and could not. I understand this is because they do not operate the same party whip way of working - I may be wrong.

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    You've done so well Catherine to take steps to try to find out.

    They have published their policies on other matters e.g. tax, so one would think that they should have a policy on the private rental sector.

    They are described as a "populist" party i.e. appealing to ordinary people who feel their concerns are disregarded - how does that translate into a view on the private rental sector?

     
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    The coservative party has subsumed lots of assets belonging to others,but in a not me guv way. People like Norman Tebbit (flogging state assets on the cheap and becoming directors of the companies) and serco springs to mind.

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    Each Landlord needs to see what works for them. Landlord's without mortgages have less to lose unless they rely solely on rent for their income. Mortgaged Landlord's like myself are exposed more.
    Though mortgaged on my BTL mortgages and still on my own house I am fortunate that I have multiple income streams. Because of this I will be withdrawing from the BTL market though not leaving altogether. Well not yet anyways, though if it carries on like this I will leave.
    Currently the lettings market is in ruins and only going to get worse. Governments will only realise when the situation is out of control. not long to wait in my view and the media start making it a headline story.
    However there will be lots of spin and guess who will not get the blame, yes Governments.
    Some on this forum were predicting doom and gloom a long time ago. Fair play, I can see that I was far too optimistic. Not now though.
    For those of us whom wish to sell our properties, with the cost of living coming down then hopefully confidence will return for buyers sooner than has been predicted. Not sure how long it will last though. Due to CGT changes no need to wait. I had expected to delay selling my properties, not now. I have 3 to rejuvenate and will start on the first next week!

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    I have two rental properties left. One I own outright, the other shared with friends and with a mortgage. We have already decided that the mortgaged property will be sold when the term expires in 2024 or earlier if the tenant vacates.

    I find the continual landlord bashing by Polly Bleat and her sheep in GR, Acorn etc is like a water dripping on a rock. At first it makes no difference, but eventually it wears down the rock.

    I wonder how many landlords have similarly been worn down and are making plans to sell? Readng opinions on here, I suspect the answer is many more than the polls etc state.

     
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    Mr Annoyed I like this analogy very much, as I also liked the tool comment!

     
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    Jo, don’t agree Periodic Tenancies have not being with us for Decades and not part of the 1988 Act or Section 5 that Google now wants to tell us. It skirt around the Question when AST were allowed to go Periodic and when this started. For years I had to keep renewing Tenancy Agreement’s every time it was due it was years later that happened another bolt on or Amendment I lived it. They kept messing around with it until they really messed it up.
    Why should we be now scary of it, because it was based on AST with the same terms and conditions. Therefore it could be ended in the same way as AST and was not a permanent for ever Tenancy (sitting tenants) like what is being forced upon us with this Draconian Renter’s Reform Bill.
    That’s what’s happening and why thousands of Landlords have sold up, the real reason for shortage & homelessness,
    Wakie wakie. Scrap the Stupid Renter’s Reform Bill now it was only ever put on the agenda to help the Big Boys and Institutions take over our Business and give them an unfair advantage of course S.24 part of the plan as well to cripple the existing stake holders.

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    The NRLA should Ballet their members to see how many will be selling .
    Small Mum and Pop Landlords are suffering the most with section 24 and constant legislation .

    Also so section 8 is Mandatory Ground .Eight weeks or more rent arrears , Is easy to prove , So why the Legal Circus .

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    Is it possible for landlordtoday to run a poll? Probably be more accurate than an NRLA poll.

     
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