NRLA urges clarity as Renters’ Rights Act could overwhelm courts

The National Residential Landlords Association (NRLA) has warned court capacity could be overwhelmed by the Renters’ Rights Act.

In a letter to the Justice Select Committee, NRLA chief executive Ben Beadle pointed out that landlords are having to wait weeks for court hearings to regain possession of their properties.

With three months to go until the Renters’ Rights Act comes into force, the association is urging the government to do more to prepare the courts.

Government has yet to define what it means by the courts being “ready

According to government statistics, it now takes an average of over 34 weeks between a landlord making a claim to the courts to possess a property under the grounds-based Section 8 process and a property being repossessed, the highest level in four years.

Mr Beadle points out that industry experts, including the Master of the Rolls, who oversees the operation of the civil courts, have warned that abolishing Section 21 “will undoubtedly create more contested possession cases than we have had hitherto” and expressed concern about how prepared the county courts are to handle an increase in cases.

In a letter to the Justice Select Committee, Mr Beadle warns that the government has not provided clarity on how the courts will be prepared for the digital possession process.

He said: “At Report Stage of the Renters’ Rights Act, the Housing Minister told the Commons that: “Court readiness is essential to the successful operation of the new system”. We agree with the Minister.

“However, the government has yet to define what it means by the courts being “ready”. Without that clarity, it is unclear what the planned digitisation of possession cases is intended to deliver or how success will be measured.

“More broadly, whilst the Master of the Rolls has indicated that the “first iteration” of the new digital platform to process possession cases is expected to be released in late Spring 2026, it remains unclear what this will look and feel like in practice for tenants and landlords, or the extent to which it will speed up the processing of legitimate possession claims.”

Government is sending contradictory messages

Mr Beadle says the government is sending contradictory messages over tribunal data, claiming it will intervene if the Tribunal becomes overwhelmed while admitting it lacks the basic information to make that assessment.

He explains: “In response to a recent written question from Lord Carter of Haslemere (HL10508), the Minister reaffirmed that the government would use the proposed safeguard in the Act “if the Tribunal appears at risk of being overwhelmed by a sharp increase in challenges” and that this would be subject to the affirmative procedure.

“However, in reply to a related written question (HL10509), the Justice Minister, Baroness Levitt, stated that HM Courts & Tribunals Service does not hold data on the average time for the First- tier Tribunal Property Chamber to consider, process and rule upon rent appeal cases, and that such data could only be obtained at disproportionate cost.

“This creates an obvious tension. Ministers have said the government will intervene if the Tribunal becomes overwhelmed, which the Master of the Rolls has warned is very possible.

“However, the Ministry of Justice does not hold the basic data needed to assess the current caseload or to define what level of increase would constitute the Tribunal being ‘overwhelmed’. Without this information, it is difficult to see how the government can effectively determine when the new powers should be exercised.”

The NRLA is calling on the Justice Select Committee to question the government for more clarity on how the courts will be prepared for the new system.