A rise in rent arrears cases has been followed by an increasing number of tenants defending eviction cases at court and appealing judges’ decisions, with figures of defended cases rising from 9% last year to an all time high of 13%, so far this year, according to the eviction specialists Landlord Action.

“There are a multitude of reasons for this increase with blame falling on both parties,” says company founder Paul Shamplina. “However landlords are suffering as listed county court closures are putting pressure on neighbouring courts to manage the workload, which with an increase in defended cases, is taking even longer, leaving landlords without rent.

“Firstly, as the increasing cost of living and rising rents puts a strain on tenants, our instructions for rent arrears cases going to court have risen by 11% up on the same time last year. Secondly, experienced landlords are becoming less tolerant of defaulting tenants and any unacceptable behaviour towards the treatment of their property.”

However, the recent boom in the lettings market has also encouraged some new amateur landlords who are most at threat. With free advice for tenants now more readily available from organisations such as Shelter and Citizens Advice Bureau, more tenants are becoming conversant about rental laws than are their landlords, and some are using this to their advantage.

“A delaying tactic used by tenants, such as filing a defence on the day of the hearing making it difficult for the judge to grant a possession order within the listed five minutes, is resulting in many cases being adjourned to consider further evidence,” said Shamplina.

“These, often sham defences, put forward so the tenant can remain in a property for longer rent free, are putting amateur landlords in financial hardship through expensive court costs and loss of rent until the second hearing. In some circumstances, we have landlords who will continue a rent arrears case and try to evict the tenant under section 21, possession only cases.

“In a recent instruction, a landlord we are working on behalf of had an eviction date of 27th October, and the tenant has since been to court to appeal the case on the grounds of disrepair, something which was not mentioned at the first hearing. We did not receive notification of appeal and the judge has allowed the tenant to file a defence and counterclaim against our client, whose case has now been adjourned until February 2012, leaving the landlord extremely distressed.

“We are finding that even when the grounds for possession are mandatory under Ground 8 of the Housing Act (owing two months rent arrears), judges are being much more sympatric in this tougher economic environment making issues even more difficult for landlords who do have a genuine case.” Shamplina concluded.