The government is set to launch a pilot digital possession service this month, marking the first step towards modernising how county court possession claims are handled in England and Wales.
The initial scheme will only be available to selected social housing landlords in England and community landlords in Wales. It will also be restricted to claims involving properties covered by four court centres: Bradford, Caernarfon, Huddersfield and Wandsworth.
Although private landlords will not initially be included, the pilot offers an indication of what may be ahead for the private rented sector. Digital possession proceedings for private landlords are expected to be introduced more widely next year.
Possession Claims Move Online
The new service will allow eligible landlords to begin possession proceedings online, submit supporting evidence digitally and pay the relevant court fees through the platform.
Propertymark says claimants will need to provide key documents where applicable. These may include the tenancy or occupation agreement, relevant notices and a rent statement where the claim is based on unpaid rent.
Additional documents will be required for claims in Wales, including the property’s EPC, gas safety record and electrical installation condition report.
Evidence and documents will generally be exchanged through the digital court system. However, paper-based options are expected to remain available for people who are not legally represented.
Standard Timescale for First Hearings
The digital service will introduce a set framework for arranging the first court hearing.
Under the proposed timetable, the first hearing should be listed within eight weeks of the claim being issued. It must also take place no earlier than 28 days after proceedings begin and at least 21 days after the defendant is considered to have received the claim documents.
However, this does not mean every possession case will be completed within eight weeks. The timescale applies specifically to listing the initial hearing rather than bringing the entire case to a conclusion.
Plans for Private Rented Sector Digitisation
The government has previously said it intends to introduce digital possession services more widely, including for landlords in the private rented sector.
Courts Minister Sarah Sackman has said the new system is designed to provide a digital route for both making and responding to possession claims. Landlords and other parties will be able to submit documents online and receive updates and decisions through the service.
The aim is to make possession proceedings quicker and more efficient while reducing the administrative problems associated with the current paper-based process.
At present, physical documents can create additional delays and increase the risk of paperwork being misplaced or incorrectly processed. Moving more of the process online could also help reduce errors when claims are submitted.
The first stage of the wider changes is expected to be introduced by the end of this year, with the full rollout of the digital possession service still planned for next year.
For landlords, particularly those in the private rented sector, the pilot will be worth watching closely as it could provide an early insight into how future possession claims will be handled once the new digital system becomes more widely available.
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