The government says around 1,000 new judges and tribunal members will be needed to deal with the expected increase in housing cases following the introduction of the Renters’ Rights Act.
The warning comes as concerns grow over whether the courts will have enough capacity to deal with a potential rise in possession claims after the removal of Section 21 no-fault evictions.
Courts Prepare for More Possession Cases
Sarah Sackman, Minister for Courts and Legal Services, has acknowledged concerns from landlords about delays in the possession process. In a letter to the National Residential Landlords Association (NRLA), she said the government understands the need for landlords and tenants to have confidence that cases will be dealt with within a reasonable timeframe.
The court service has already started moving staff into areas where demand is expected to increase and is also recruiting additional workers ahead of the changes.
Under the new rules, landlords will no longer be able to rely on Section 21 to regain possession without giving a specific reason. Instead, they will need to use one of the revised grounds for possession set out under the Renters’ Rights Act.
This could lead to more cases reaching the courts, particularly where tenants challenge a possession notice or remain in the property after the notice period has ended.
Digital Court System Planned
The government is also working on new digital services designed to make the possession process more efficient.
Two new online systems are being developed, covering possession claims and cases handled by the Residential Property Chamber. The government says the aim is to have the courts fully digitised from start to finish by May next year.
At present, some court claims still rely on physical paperwork, which can contribute to delays and increase the risk of documents being misplaced.
Landlords and tenants who represent themselves will still be able to provide paper statements if required. However, the internal processing and management of cases is expected to move online.
Changes to Rent Disputes
The government is also considering how to deal with disputes over proposed rent increases.
A new non-judicial body is expected to be created to determine appropriate local rent levels. The intention is to reduce the pressure placed on the First-tier Tribunal, although the government has yet to confirm exactly how the new system will operate.
This is another area that could see increased demand as landlords and tenants adjust to the new rules.
Landlords Want More Clarity
The NRLA has welcomed the government’s efforts to increase court capacity but says adding more judges will only be part of the solution.
The organisation argues that landlords need to know they will be able to regain possession of their properties quickly when they have a legitimate reason to do so.
It has also called for greater clarity over the proposed system for dealing with rent increase disputes, particularly if more tenants challenge rent rises under the new rules.
The NRLA says the government should monitor court waiting times and publish clear information about how the system is coping with increased demand.
What This Means for Landlords
The need for an additional 1,000 judges and tribunal members highlights the scale of the changes being introduced through the Renters’ Rights Act.
For landlords, the effectiveness of the new system will depend not only on the legislation itself but also on whether courts have enough staff and resources to process cases without significant delays.
With digital court services still being developed and further details on rent dispute arrangements yet to be confirmed, landlords will need to keep up with how the new possession and rent rules work in practice.
The government says it is preparing for the expected increase in demand, but landlords and industry bodies will be watching closely to see whether the additional resources are enough to prevent the courts and tribunals from becoming overwhelmed.
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