Posts with tag: high court

Brexit ruling set to increase uncertainty in the housing market

Published On: November 7, 2016 at 12:37 pm

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Categories: Property News

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Last week saw a momentous decision in the High Court that blocked Theresa May from starting the process of leaving the UK without the consent of Parliament.

This is likely to cause more uncertainty in the housing market, according to Paul Smith, CEO of haart estate agents.

Clarification

Mr Smith feels that the transaction rates in the sales market are likely to drop as both buyers and sellers receive more clarification on the future of the UK.

Smith observed: ‘The High Court’s decision will elongate the process of Britain leaving the European Union, reigniting cause for a lack of confidence among buyers, sellers and housebuilders. It cannot be emphasised enough how much the residential property market is reliant on confidence and as we currently see a market that is suffering from almost record low transaction levels, especially in the capital, it is now more important than ever that clarity is provided.’[1]

Clean Break

Mr Smith went on to say that a ‘quick, clean break from the EU,’ is required to help increase the residential property market and wider economy.

Brexit ruling set to increase uncertainty in the housing market

Brexit ruling set to increase uncertainty in the housing market

‘Britons have voted to be free of the EU and their wishes should be respected with a clear exit strategy being put in place. The High Court’s decision is likely to stall the process, increasing likeliness of a half-way house deal that would see many Brexit promises reversed, something that the Government must avoid’, he noted.[1]

‘Our property market has in the past proved robust and bounced back in terms of adversity, however guarantees of future stability would certainly not go amiss-and clarity over the direction of Brexit is a good place to start,’ Mr Smith concluded.[1]

[1] https://www.landlordtoday.co.uk/breaking-news/2016/11/high-court-brexit-ruling-will-increase-uncertainty-in-housing-market

 

More evictions should go to high court-claim

Published On: August 20, 2015 at 9:15 am

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Categories: Landlord News

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Landlord Action has called for more evictions to be transferred to the High Court, in a direct appeal to the Ministry of Justice.

The eviction specialist believe the length of time it is taking for a County Court bailiff appointment to be sorted once a possession order has been granted is having a detrimental financial effect on landlords.

Campaign

As a result , Landlord Action has started a campaign to try and allow more eviction cases to be moved up to the High Court by county court authorities. Under current regulations, once a possession order has been granted and if a tenant remains in occupation, the landlord’s only option is to apply for a county court bailiff to evict the tenant.

However, in many cases, bailiffs do not have room for an appointment for up to three months.

‘During this period, the tenant will most likely not be paying rent and the landlord will not be able to recover that lost rent from the tenant, nor will he/she be able to let the property out or even make future preparations to do so,’ noted Paul Shamplina, founder of Landlord Action.[1]

He went on to say that there have even been instances of, ‘bailiffs not turning up at all, which results in the landlord having to wait a further eight to twelve weeks- a total of six months additional lost rent. Only recently a bailiff attended an eviction for one of our clients, she had 14 evictions that day.’[1]

More evictions should go to high court-claim

More evictions should go to high court-claim

Proposals

Landlord Action has proposed that a clear directive be handed out to county court district judges, which will encourage them to allow leeway on possession hearings. This will in turn enable cases to be transferred up to the High Court in instances where there is a number of cases that have fallen behind evictions of more than four to six weeks.

‘We feel that the judges at hearings should have sight of the bailiff’s dairies and if dates go over four to six weeks, then cases should automatically be transferred up,’ explained Shamplina. ‘We always try and make sure that seven days’ notice of the eviction date is given to the tenant, allowing them time to remove their items and vacate, as well as take the Notice to the Council for rehousing.’[1]

At present, there is a reluctance to grant permission to transfer eviction cases to the High Court, as landlords do not legally need to give notice of the intended eviction, though this is advisable.

[1] https://www.landlordtoday.co.uk/breaking-news/2015/8/landlord-action-more-evictions-should-be-transferred-to-the-high-court