England’s tribunal and court system is already facing significant delays, and concerns are growing that the Renters’ Rights Act could place even more strain on the system.
Fresh analysis from Real Estate
suggests that rent appeal cases and landlord possession claims are already taking too long to process, with delays expected to worsen as new rules come into force.
The organisation submitted Freedom of Information requests to five Tribunal Property Chambers across England, asking for details on tenant rent appeal cases over the past three years, including how many cases were recorded and how long they took to resolve.
While four chambers responded, only three were able to provide detailed figures, and just one confirmed it held information on processing times.
Possession cases already slowing down
The findings come alongside official figures from the Ministry of Justice showing that the average time between a landlord making a possession claim and repossessing a property has risen to 27.4 weeks under the grounds-based process.
That represents an increase of around three weeks compared with the previous year, highlighting the growing pressure on the legal system even before the full impact of the Renters’ Rights Act is felt.
The abolition of Section 21 notices is expected to push more landlords towards formal legal routes for possession, potentially increasing the number of cases entering the courts and tribunals.
Concerns over rent appeal backlogs
One of the biggest concerns centres around rent appeals under the Section 13 process. The Renters’ Rights Act expands the use of this process, allowing more tenants to formally challenge rent increases through tribunals.
According to the data gathered by Real Estate:UK, a total of 2,944 rent appeal cases were recorded across the responding tribunals over the period examined.
However, only one tribunal could provide information on how long those appeals took to conclude. Its figures showed that just 21% of cases were resolved within 10 weeks before the new legislation had even taken effect.
That has raised concerns about whether the tribunal system can realistically cope with a future rise in appeals once the Act becomes fully operational.
Property sector warns of growing pressure
Kate Butler, assistant director at Real Estate
, warned that the government appears to lack a clear understanding of how the reforms will affect the judicial system.
She said the current evidence points to serious gaps in how rent appeal data is collected and monitored across tribunals. Butler also argued that extending the Section 13 process to all tenancies could dramatically increase the number of appeals being submitted.
Without improvements to capacity and infrastructure, the organisation believes delays could become much worse.
The group also warned that prolonged waiting times may reduce confidence in the private rented sector, discouraging new investment and pushing some existing landlords to leave the market altogether.
Questions over government preparedness
Another concern raised by the report is the lack of centralised government data on tribunal appeal volumes and processing times.
Through written Parliamentary Questions, ministers confirmed that the government does not currently hold comprehensive national data covering these cases. Critics argue this means there is no clear baseline to measure whether the tribunal system becomes overwhelmed once the legislation is fully implemented.
The government has previously committed to reviewing whether an alternative filtering or assessment body could handle some rent disputes before they reach tribunals. However, there is currently no confirmed timeline or detailed plan for how this system would operate.
Court readiness still unclear
Ministers have pledged that the courts would be prepared for the changes brought by the Renters’ Rights Act, including the increased reliance on legal possession routes following the removal of Section 21.
The government has announced £50 million in funding linked to court readiness measures. However, property groups argue that little detail has been provided about how the money will be used or what success would look like.
Real Estate:UK also criticised the lack of transparency around the government’s Justice Impact Test, which is designed to assess how the reforms affect the court and tribunal system. The organisation claims the report has not been published and that requests for its release have been resisted.
What this means for landlords and tenants
For landlords, growing tribunal and court delays could mean longer waiting periods when handling rent disputes or seeking possession of properties. This may create additional financial pressure, particularly for smaller landlords dealing with mortgage costs, arrears, or difficult tenancy situations.
For tenants, longer processing times may also create uncertainty, especially where disputes over rent increases or housing conditions remain unresolved for extended periods.
As the Renters’ Rights Act continues to reshape the private rented sector, the efficiency of the tribunal and court system is likely to become an increasingly important issue for both landlords and tenants alike.
Looking ahead
The long-term impact of the reforms may depend heavily on whether the legal system can adapt quickly enough to handle the expected increase in cases.
Without additional resources, clearer data collection, and faster processing times, concerns are likely to remain over whether England’s tribunal system is fully prepared for the pressures that the Renters’ Rights Act could bring.
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