Law Society urges government to invest in courts ahead of Renters’ Rights Act

The Law Society has warned that court backlogs will be unavoidable and access to justice will be limited unless the government invests in the court system.

The association warns that the abolition of Section 21 under the Renters’ Rights Act is likely to lead to an increase in contested repossession cases.

Figures from the Ministry of Justice show that private landlord repossessions have risen by 3% compared with the same period last year.

Backlogs in the courts will be unavoidable

Law Society president, Mark Evans, said: “To ensure a level playing field between landlords and tenants and maintain confidence in the justice system, the government must ensure courts are properly funded to handle the expected rise in contested hearings.

“The end of ‘no fault’ evictions in England is one of the biggest changes in the private rented sector in decades. However, without appropriate funding, additional delays and backlogs in the courts will be unavoidable and will mean that justice will not be available to all.

“Next year’s data will ultimately show how the Renters’ Rights Act contributes to a fairer housing system, including how the abolition of Section 21 in England affects the overall repossession statistics. The courts must start getting ready now, not after the backlog starts growing even more.”

He adds: “Although most of the provisions in the Renters’ Rights Act only apply to England, rising case volumes will impact the whole system. So, now is the perfect time to further invest across both the Welsh and English courts.

“Safe and stable housing is a fundamental human right. The government must take prompt action to protect both tenants and landlords.”

Years of underinvestment in the courts

According to the Ministry of Justice, London borough Barking and Dagenham recorded the highest number of private landlord repossession claims of 878 per 100,000 households.

As previously reported by Property118, Landlord Action’s Paul Shamplina has warned landlord possession claims will face more delays under the Renters’ Rights Act.

Mr Shamplina told Property118: “Years of underinvestment in the courts are now translating into record waiting times for landlords.

“At the same time, the majority of landlords we act for are still relying on Section 21.

“Once that route is removed, every case will depend on a court process that is already under pressure.”

He added: “With the mandatory rent arrears threshold increasing from two months to three months and notice periods extending to four weeks under the new rules, landlords will face longer timelines before they can secure a possession order.

“Once an order is granted, enforcement delays can add further months.”