62% of S21 & S8 Served are incorrent

[Grampa]

A survey of 200 Section 8 or Section 21 notices sent by letting agents or landlords to tenants show that 62 per cent of them are incorrect, this leaving them open to legal challenge.

The study, by legal facilities company Landlord Action, suggests that most of the errors come from landlords who choose to serve notices themselves as a cost saving exercise.

The five main areas of inaccuracies involved incorrect tenancy expiry dates, a failure by the landlord or letting agent to comply with deposit legislation, inaccurate rent arrears schedules, an inappropriate method or timing for the serving of the notice, or simple typing errors.

Landlord Action says the worst-case scenario for landlords and agents - but one which they have witnessed thanks to error-strewn notices - is to be three months into the repossession process only to find they have to start again, involving substantial delays and additional costs.

“I understand the need for landlords to consider every cost but I can’t stress enough that the notice is the most important part of a possession court case and the slightest mistake can end up costing a landlord significantly more than the cost savings - in extra legal fees, delays and lost rent” says Landlord Action’s managing director Paul Shamplina.

[Melboy]

A failure rate of 62% demonstrates that the action required to complete paperwork is too beaurocratic in it's compilation and therefore requires simplyfying to bring down the failure rate.

Any small paperwork error should not involve a 3 month delay.

[Richlist]

It makes the tax deductible expense of using Landlord Action or other similar companies a very worthwhile cost. Those who are inexperienced or new to the subject but who think they can do it should think twice.

[Grampa]

I dont know if this report also encludes notices that have been served incorrectly as well.

The thing is s21 are not hard to do especially s21(4)(a) as they dont need a date and there is no need to enter one and with the recent court case (forgot the name) the notice period doesnt even have to tie in with the rent period now.

[Chestnut]

I wonder, does report break down within 62% the errors made by agents compared to DIY landlords? 50:50 ?

Melboy's right. Such a high proportion indicates the system is too prone to error to be efficiently workable. Or is this deliberate, to maximise time tenant can stretch occupancy during process?

[Grampa]

I agree it would be very interesting to have a break down and I wouldnt be supprised if it was more than 50% that were agents or solicitors errors going by what I have seen come past my desk. In that I mean landlords coming to me to help them out after a third party has already started the process.

[Carryon Regardless]

It seems to me that if we keep to the simple style of the S21 as you suggest Grampa that where it may be defended as incorrect we reaaly need to know the relevant cases from recent history to prevent an unknowing judge finding an easy out from repossession.