Time to repossess statistics

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  • Time to repossess statistics

    See..
    https://www.gov.uk/government/upload...-june-2016.pdf

    MoJ, Mortgage and Landlord Possession Statistics in England and Wales

    April to June 2016

    Landlord possession

    Landlord possession claims (34,008) and orders for possession (28,125) claims in county courts in April to June 2016 were down 6% and 4% respectively, compared to the same quarter in 2015

    There was little percentage change in the number warrants of possession (18,186) and repossessions by county court bailiffs (10,467) on the same quarter last year

    The average time from claim being issued to repossession by county court bailiff is 41.0 weeks, compared to 39.6 weeks in April to June 2015

    Just under a quarter (23%) of landlord possession claims in lead to a repossession by country court bailiffs (based on the progression of claims from 2014, due to the 1 year lag from claim to repossession)

    This proportion has been stable between 19-23% since 2001
    Presumably the numbers of tenants who depart before the case gets to court or at/before PO expiry date or before bailiffs turn up will reduce the actual average the typical landlord sees for any particular eviction, and of course many s8/s21 notices result in tenant departing before application to court.

    Cheers! (?)
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  • #2
    Holy smoke
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    Comment


    • #3
      We're missing a trick here.
      How does one set up a firm of bailiffs?
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


      • #4
        Originally posted by jpkeates View Post
        We're missing a trick here.
        How does one set up a firm of bailiffs?
        I think there is enough competence from our regular contributors to consider such a thing.........
        I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

        Comment


        • #5
          Originally posted by jpkeates View Post
          We're missing a trick here.
          How does one set up a firm of bailiffs?
          You are not kidding!
          I am expecting 6-8 weeks at Bow County Court to get a date for Bailiffs.
          can one train independently as a bailiff or is it up to the courts themselves to recruit and train up?
          I can understand the occasional bottle neck but to be continuously 2 months behind is crazy

          Comment


          • #6
            https://nationalcareersservice.direc...s/bailiff.aspx

            Comment


            • #7
              The statistics show that for many landlords it is taking far too long to get their property back. If you add in the time it takes for a section 21 notice to expire you are talking about a year in some cases. This leads me to ask a question I have been thinking of posing: Would BTL landlords be happy to accept a longer period of minimum security of tenure (say five years) in exchange for reducing significantly (say to a month) the time it takes to remove a non-paying or otherwise bad tenant?

              Comment


              • #8
                I don't think BTL landlords should be accepting any concessions in exchange of having the current system work properly.

                These statistics are not the result of the current legislation but show that the courts and bailiffs do not function.

                With the current legislation and procedures it could already only take 1 month or just slightly more from start of court proceedings to eviction.

                Comment


                • #9
                  Absolutely JJ, it's the workload and failures of administration within the courts which add an intolerable time to the process.
                  At the moment I'm working on three frustrating cases where the hearings have been done but the admin team has either written the wrong order (one was an old Hassan type of postponed order where it should have been a g8 mandatory in 7 days) or not written it at all from over a year ago. Although the last one didn't need enforced as the defendant had started paying under the terms, it now does and the court have failed to update their PCoL system despite weekly calls to the office over the past ten weeks. Unacceptable.
                  When I last attended a court users group, the judge partially shrugged the problem off by stating that an order had been issued which instructs the defendant to pay (rent, cost and daily use and occupation once possession granted) so we weren't likely to lose anything. When I showed him the stats of actual post eviction recovery, he was a little disappointed!
                  Meanwhile the DJ chambers continue to be filled with squabbling couples who can't stand each other and want a lawyer to sort out who has to buy little Johnny his trampoline rather than act like adults.
                  I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

                  Comment


                  • #10
                    Just for it to revert to back to the current situation in a few years time and everyone to yet again shrug their shoulders and say that is just the way it is? No thanks.

                    Its not the process that is bad. it's just the courts are being inefficient.
                    Any advice I give is my opinion and experience, I am as you also learning.

                    Comment


                    • #11
                      Originally posted by Lawcruncher View Post
                      The statistics show that for many landlords it is taking far too long to get their property back. If you add in the time it takes for a section 21 notice to expire you are talking about a year in some cases. This leads me to ask a question I have been thinking of posing: Would BTL landlords be happy to accept a longer period of minimum security of tenure (say five years) in exchange for reducing significantly (say to a month) the time it takes to remove a non-paying or otherwise bad tenant?
                      The only reason we have to use Section 21 at all is because judges automatically give tenants the benefit of the doubt when we try to use Section 8. (All the nonsense about: 'Is there any disrepair that explains why you haven't paid your rent?' and 'I need a surveyor's report before I will accept that there is not disrepair.')

                      A section 8 could be applied for, awarded and bailiffs appointed in a month under the present system. It's just politics that explains why it isn't.

                      Comment


                      • #12
                        The published statistics do not differentiate between times for s8/s21 Repo's or the extra time a T was allowed for 'further investigation' for T-alleged disrepair nor how many s21s were void due to invalid s21 (eg deposit non protection or wrong dates.

                        Comment


                        • #13
                          Originally posted by mariner View Post
                          ... nor how many s21s were void due to invalid s21 (eg deposit non protection or wrong dates.
                          The 41.0 weeks average only take into account those that resulted in county court bailiff.

                          Repossessions by County Court Bailiffs: ....

                          In April to June 2016 it took an average of 41.0 weeks from claim to repossession. Of the claims submitted in the past five years, 24% have currently progressed to repossessions; 12% of which had progressed by the end of the quarter following the quarter in which the claim was lodged.
                          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                          Comment


                          • #14
                            Yes. the Stats only relate to County Court bailiff repo's but do not say how many related to s8 or s21 actions. In theory, neither should exceed 2-3 months from first Hearing to Bailiff eviction IMO.

                            41 week (~8 cal months) delay may encourage some LLs to repossess by non-legal means or from renting at all.

                            Only 12% of repo's had been completed within 2 quarters (26 weeks) between 2011-2016

                            Comment


                            • #15
                              Totally agree with mariner and the government need a reality check that section 21s are not always no fault.

                              They have made a defence of a section 8 too easy for wayward tenants, and it's unfair on landlords.

                              We would all use a section 8 if non existent unreported repairs were not an issue.

                              Maybe if they looked at statistics of how many section 21's were issued where rent arrears were an issue, or any other breach of the AST for that matter, they would have a better idea of why they are being relied on.

                              I'm not for one minute saying a section 8 shouldn't or can't be argued but a made up defence only when it comes to court should not be allowed.

                              Comment

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