Possession Claims Online

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Section 21:

Not every landlord
or agent would consider handling a possession claim themselves, but
the good news is, it can be done – the system is designed for LIGs
– litigant’s in person.

Everyone has the
right to speak for themselves in court without the aid of a solicitor
or other legal professional, and landlords will often prefer to do
this because they can deal with the paperwork themselves, they can if
necessary speak directly to the judge, if a hearing becomes
necessary, and it saves on legal fees..

It may all change if
section 21 is abolished and some form of Housing Tribunal is
introduced, but as it stands right now it is possible to bring a
possession claim using section 21 without the need for a hearing –
its all done using the documentation you present.

If you handle it
yourself you will be known as a ‘litigant in person’ and you
will also be known as the ‘applicant’ in the county court. The
usual reason for a possession claim online is the tenant is owning
rent and the landlord wants the property back. The PCOL service
currently costs £325.

HM Courts &
Tribunals Service operates a Possession Claim Online service (PCOL)
which allows you to start off the process conveniently online – PCOL
is a simple, convenient and secure way of making or responding to
certain types of possession claim on the Internet.

Civil Procedure Rule Practice Direction 55A governs the type of claims that can be issued using the PCOL service and landlords wishing to use it should familiarise themselves with this and the online User Guide before commencing the process. The is also support on procedures, not legal advice, by a Customer Help Desk.

The latest available
figures show possession claims have been falling, and the quarter
from January to March 2019 is representative with the majority (63%)
(19,192) of all landlord possession claims being from social landlord
claims, 16% (4,893) were accelerated possession (section 21) claims
and 21% (6,266) were private landlord claims.

The 24 hour PCOL
service allows small and infrequent users, such as private landlords,
to fill out their claim online, while frequent users, such as local
authorities or mortgage lenders, can link their data system directly
into the Possession Claim Online interface to automatically start new
claims.

When the service was
launched for England and Wales, HMCS Chief Executive Sir Ron De Witt
said:

“A Possession
Claim Online is putting the needs of courts users first – it’s
about accessing justice in a more efficient and convenient manner.
The service is more convenient for users as it means that they can
make their claim online and it is issued immediately, with a court
date automatically scheduled. Those using PCOL no longer have to fill
out a lengthy paper claim. And they can keep track of their claim at
all stages, instead of having to contact the court.”

When applying for
possession using section 21, landlords will need to follow closely
the rules which govern the process which can be summarised as
follows:

As well as the
existing preconditions of complying with the deposit rules and
having, where required, a selective, additional or HMO licence, when
it applies, landlords must have, at the start of the tenancy, served:

• A current gas
  safety inspection certificate
• A current
  Energy Performance Certificate
• A current copy
  of the government’s “How to Rent” booklet

It is likely that
before long landlords in England will also be required to prove an
electrical safety certificate.

Failure to supply any of the above in the form of accurate documentary evidence means that your claim will be rejected.

The section 21
notice cannot be served during the original first 4 months of the
tenancy and it will expire (in most cases) after six months. You
cannot start the Section 21 claims process until the contractual
tenancy terms has ended, though a Section 8 claim for breach of
contract is different.

Trips and Traps
for Landlords:

When problems arise
within a tenancy it is often the case that communications breakdown
between landlord and tenant. Tenants in arrears with the rent may
refuse to cooperate with the landlord and refuse to allow access to
the property to carry on an ECP assessment when it becomes due (every
10 years) or an annual gas safety inspection.

As these documents
must be current at the time of serving a Section 21 notice the lack
of them would stymie any Section 21 claim, so the landlord would in
this case need to fall back on a section 8 claim.

Landlords who failed
to serve a gas safety certificate at the start of the tenancy may be
unable to use either process.

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