Renters' Rights warning as court backlogs continue to build
Court waiting times for landlord repossessions have increased yet again, despite the number of overall claims falling.
The average wait for a private sector landlord in quarter two of this year was 33.8 weeks – almost eight months – up from 32.5 weeks in the first part of the year.
The landlord possession statistics, published by the Ministry of Justice, cover the average time between a landlord submitting a claim to the courts and taking possession of their property, and represent the longest average waiting figures since the first part of 2022 when the figure hit 37.8 weeks.
We have serious concerns over the data, not least as demand on the courts service has fallen in the same period, with the total number of claims (from the private and social sector landlords) down by 9%.
With section 21, the so-called ‘no fault’ eviction to be abolished under the Renters’ Rights Bill – set to receive Royal Assent this autumn – there are serious questions to be answered over the courts’ ability to cope with the expected mammoth increase in demand.
This is despite commitments from the Housing Minister that the court system is ready for the changes in the Bill.
Why is the number of possession claims expected to soar?
Under the existing ‘no-fault’ route there is no need for a court hearing for a landlord to gain possession. Indeed, many landlords who have valid grounds to repossess under section 8 (for example rent arrears or anti-social behaviour) currently take the ‘no fault’ route as it is faster.
Under the terms of the new Bill, all landlords will need to meet specific grounds to regain possession, which tenants are able to challenge. This requires a court hearing to decide, process and enforce possession.
NRLA chief executive Ben Beadle said: “This is a disaster waiting to happen.
“If landlords are already facing an almost eight-month wait to legally take possession of their homes at a time when the number of claims is falling, then what can we expect when the inevitable avalanche of claims drops post-Renters’ Rights Bill?
“Ministers have repeatedly claimed that the courts will be “ready” to manage the impact of the Bill, yet all the evidence suggests they are not.
“This isn’t about an increase in landlords wanting to evict tenants, it’s about landlords with legitimate reasons to take back their rental homes being able to do so in a timely manner.
“This could include anything from serious rent arrears to tackling anti-social behaviour that blights the lives of neighbours and fellow tenants alike.
“The Government must commit to a fully funded, detailed and deliverable plan to ensure the courts are fit for purpose ahead of time. Without this, landlord confidence will continue to erode, undermining investment in supplying the rental homes that tenants so desperately need.”
More information
The full tables of statistics can be found here.
For all the latest on the Renters’ Rights Bill visit our exclusive members’ hub here.
