The proportion of all repossession claims that have to be resolved by bailiffs in the last 12 months has shot up to 40%, compared to just 25% in the same period 5 years ago according to recent Government stats.

Possession claims will only progress to bailiffs after a tenant has received an eviction notice and failed to vacate a property by the date specified.

Recently, local councils have come under fire for turning away tenants’ housing applications unless an order for possession has first been granted by a court. Instead, local councils have advised tenants who have been served eviction notices to stay in their properties until the bailiffs knock on their door.

Results from the NLA’s quarterly Tenant Panel show that half (49%) of tenants who have been served a section 21 eviction notice reported that they had been told to ignore it by their local council or advice agency such as Shelter or the Citizen’s Advice Bureau (CAB) in favour of waiting for a court order to vacate the property.

In March Housing Minister Brandon Lewis wrote to all local councils in England to address the issue and to clarify the homelessness guidance that should be issued.

The NLA has consistently warned that putting vulnerable households in this position is detrimental to both landlords and tenants alike. Tenants often accrue further rent arrears and other associated costs that make them more susceptible to homelessness, while landlords could fall behind on mortgage payments as they are dragged through a lengthy and costly court process.

As a result, landlords are becoming more reluctant to let out their property to vulnerable households (such as homeless ones) as their confidence in their ability to regain possession without substantial financial damage is diminished.

Despite previous assurances that the Government would consider a legislative solution to this problem, the recent Queen’s Speech showed us that it was not on their agenda for the next year.

June 3 2016, NLA

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