Government claims Renters’ Rights Act will ease court demand but experts warn of court chaos

The government claim their rental reforms will “reduce demand on the courts,” but industry experts say the opposite is true.

In its Renters’ Rights Act guide, the government insists the county courts won’t be overwhelmed because only “well-evidenced possession cases” will go ahead.

However, Propertymark and the National Residential Landlords Association (NRLA) warn the Renters’ Rights Act will increase court waiting times and destabilise the private rented sector.

We expect our rental reforms to reduce demand on the courts

Under the Renters’ Rights Act, Section 21 will be abolished, meaning landlords will need to rely on specific grounds for possession using Section 8 notices.

The government claim this new system will not affect the county court system.

The guide says: “As now, landlords will only need to go through the courts in a small minority of cases where a tenant doesn’t leave at the end of a notice period. Ultimately, we expect our rental reforms to reduce demand on the courts because only cases where there is a clear, well-evidenced ground for possession will be able to proceed.”

The government adds early dispute resolution such as the proposed Private Rented Sector Ombudsman will ease court demand.

The guide adds: “We want to ensure that wherever possible court action is the last resort. The Renters’ Rights Act makes provision for the ombudsman to provide landlord-initiated mediation, enabling disputes to be resolved before they escalate to court. We are working with the Ministry of Justice to explore further options for early dispute resolution.”

An increased burden on a system already stretched beyond capacity

However, Propertymark warn the court system is not ready to handle the surge in claims as landlords are already waiting months to regain possession.

Megan Eighteen, President of ARLA Propertymark (Association of Residential Letting Agents), told Property118: “We recognise ambition behind the Renters’ Rights Act, but there remain deep concerns about the readiness of the court system to cope with the anticipated rise in possession and eviction cases the reforms may trigger.

“Removing “no-fault” evictions under Section 21 will shift many cases into contested hearings under Section 8, placing an increased burden on a system already stretched beyond capacity. Recent data shows that, in many parts of England, the time between claim and hearing now routinely stretches to 29 weeks, and in London that wait can extend to as long as 40 weeks.”

The government claim they will invest in the county court system with a digitised possession process, however Propertymark warns without substantial investment, the court system could collapse.

Ms Eighteen adds: “Without substantial investment in court infrastructure, including staffing, digital case management, and improved national consistency, landlords and letting agents will potentially face prolonged delays, uncertainty, and inconsistent outcomes. That in turn undermines the stability of the private rented sector and could discourage landlords from staying in or entering the market, potentially adding further pressure on current rental stock.

“While we support the principle of fairer and more secure renting, we would encourage the UK government to make a properly resourced, modernised court system a precondition for the Act’s implementation.”

Inevitable influx of cases into the court system

The NRLA also warn when the Renters’ Rights Act comes into force, an “inevitable influx” of court cases will put pressure on the courts.

A spokesperson for the NRLA told Property118: “Wait times within the court system have become chronically over-extended over recent years, long before the government announced implementation dates for the Renters’ Rights Act.

“We expect that the introduction of the Act will lead to substantial, additional, increases in court wait times as a consequence of the removal of the accelerated procedure and increased complexity.

“As a result, we continue to urge the government to announce how they intend to reform the process ahead of the inevitable influx of cases into the court system. Without a coherent solution to this problem, there is a huge risk that the issues around court wait times will only be compounded by a lack of action”.

The government say The Ministry of Housing, Communities and Local Government is working with the Judiciary, the Ministry of Justice and HM Courts and Tribunals Service to ensure that the county court is prepared for the changes to the tenancy system.