Civil courts and property tribunals need more investment to handle Renters’ Rights Bill

A firm warns without investment in the civil courts and property tribunals, landlords could be left in limbo in trying to regain possession of their properties.

Proptech firm Reapit says, despite the government’s funding boost for criminal courts, more funding is needed for civil courts to tackle the growing backlog.

The Ministry of Justice have announced a record allocation of 110,000 Crown Court sitting days for the next financial year, and a £28.5 million increase in court maintenance funding.

However, no equivalent commitment has been made to civil courts and property tribunals, despite the additional strain they are expected to face due to the Renters’ Rights Bill.

No data on rent rise cases

Under the Renters’ Rights Bill, the abolition of Section 21 ‘no-fault’ evictions, will force landlords to use Section 8 notices to regain possession of their properties, which will require a court ruling unless the tenant leaves voluntarily.

The legislation also proposes scrapping fixed-term tenancies and requiring all rent increases to be served via a Section 13 notice. These measures are likely to increase demand for court and tribunal time.

However, a report by Reapit reveals the government admits it doesn’t have any data on rent increase cases currently handled by tribunals and their outcome adjudicated by the First-tier Tribunal (Property Chamber).

Reapit warns without investment England’s tribunal system could face up to 1.3 million market rent cases annually if all tenants subject to rent increases choose to challenge them.

Additional strain on the courts

Dr Neil Cobbold, commercial director at Reapit, said: “It’s encouraging to see investment in criminal courts, but the civil courts and tribunals need more capacity too. Landlords, tenants, and agents need access to swift, fair resolutions, especially with the increased demand we expect from the Renters’ Rights Bill.

“Without increased funding and capacity, we risk long delays, uncertainty, and a backlog that will impact tenants, landlords and agents.”

Mr Cobbold adds that despite the government’s own impact assessment revealing the longstanding issue with court delays, particularly for landlords seeking possession orders, no impact assessment has been issued on how the courts would deal with the extra strain.

He said: “The government has yet to publish a Justice Impact Test or New Burdens Assessment for the Renters’ Rights Bill, two crucial reports that outline how much additional strain the courts will face and the funding required to manage it.

“Without these assessments, the extra costs may be left out of the government’s upcoming Spending Review, potentially delaying essential resourcing for councils and tribunals.”

Mr Cobbold adds: “While we wait for the government to act, agents can take proactive steps. The best way to avoid court is through robust tenant checks, rent tracking, and transparent communication.

“With the right processes in place, we can help ensure a fair, functioning rental market, without relying on an already overstretched justice system.”

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