Justice Minister admits courts not ready ahead of Renters’ Rights Bill

A Justice Minister has admitted the “courts are not where they need to be” just months before the Renters’ Rights Bill could become law.

Under the Renters’ Rights Bill, the abolition of Section 21, 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.

The National Residential Landlords Association (NRLA) and the Law Society have previously questioned the government on whether the courts will be ready to deal with possession claims.

Pressure on the court system

Courts Minister, Sarah Sackman, admitted to the Justice Select Committee the Renters’ Rights Bill could put pressure on the court system.

She said: “We are not where we want to be in terms of timeliness and the digitalisation of the court process.

“The Renters’ Rights Bill is going to be a big and important piece of legislation with consequent litigation that will come off the back of that with the expansion of new rights. That is an important area of work. We are seeking to effect this end-to-end digitisation there.”

She adds: “The extension of renters’ rights and the balance that piece of legislation strikes between renters and landlords is only as tangible as the extent to which those rights are enforceable in the real world.”

Court system being overwhelmed

The NRLA have previously written a letter to Housing Minister Matthew Pennycook to criticise him for dismissing concerns about court capacity.

Mr Pennycook told a Renters’ Rights Bill Committee: “The readiness of the county court system may have more to do with fundamental opposition to the abolition of Section 21 and the current tenancy regime than they are an impartial assessment of court performance.”

The NRLA called Mr Pennycook’s comments disappointing and pointed out Labour-chaired Housing Select Committee last year warned that the courts and tribunal system risk being ‘overwhelmed’ by the changes.