Section 21 removal will cause chaos in courts

Section 21 removal will cause chaos in courts

12:04 AM, 17th August 2023, 3 years ago 38

A leading industry body is warning the Justice Secretary that the removal of Section 21 will cause harm to the legal system.

Propertymark has written to Alex Chalk about the level of widespread concern from landlords and letting agents about the capacity of the courts to handle possession cases.

The Renters Reform Bill plans to abolish Section 21 and extend the grounds for possession under Section 8 which will mean even more cases have to go through the courts.

Lack of justice for landlords and tenants

Nathan Emerson, chief executive officer at Propertymark, points out the concerns from landlords and letting agents about the waiting times they could face in court to gain back possession of the property.

He said: “Since the Bill was published in May 2023 landlords and letting agents have expressed fears that they could end up left in limbo, uncertain how long they will be expected to wait for a hearing and ultimately, possession of their property.

“Failure to fund the courts properly means a lack of justice for landlords and tenants.”

Removal of Section 21 takes place alongside essential court reform

The industry body says without improving capacity in the court system proceedings to gain back property will be lengthy and expensive.

Propertymark argues that reforms to the court system are needed to speed up the process.

Mr Emerson said: “While most tenancies are ended by the tenant, landlords need to be confident that a property can be recovered quickly if the tenant has caused damage, stopped paying the rent or if the landlord’s circumstances change.

He added: “By adequately resourcing and reforming the existing courts system this will speed up the system, increase expertise in the decision-making process and ensure greater consistency with reduced costs.

“To improve access to justice for both landlords, letting agents and tenants, it is imperative that the removal of Section 21 takes place alongside essential court reform.”

The full letter to the Justice Secretary can be read here


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