England’s tribunal and court system is experiencing significant delays, exacerbated by the introduction of the Renters’ Rights Act (RRA). New data reveals that rent appeal cases are taking considerably longer to resolve, raising concerns about the capacity of the system to handle the increased workload and the wider impact on the private rented sector (PRS).

Tribunal delays worsen amid Renters’ Rights Act pressures

Real Estate:UK, representing over 500 members, has highlighted the growing strain on the tribunal system following Freedom of Information requests to the five Tribunal Property Chambers. While four chambers responded, only three provided detailed data, with one unable to supply the requested information.

The data shows that the average time for possession claims under the grounds-based route has risen by three weeks in the past year, now standing at 27.4 weeks from claim acceptance to repossession. This increase reflects mounting pressures on courts and tribunals since the RRA’s implementation.

Impact on the private rented sector

Kate Butler, assistant director of Real Estate:UK, expressed serious concerns about the lack of consistent rent appeal data collection within the tribunal process. She stated: “With the Renters’ Rights Act and s21 abolition now in effect, and given serious concerns as to the stability of the market, many would expect that the government would have, and be able to share, a basic understanding of the impacts of the Act on the judicial system and its detailed plans to mitigate these.”

Butler emphasised that 80% of recorded rent appeals currently take over 10 weeks to decide. She warned that expanding the Section 13 process to all tenancies will dramatically increase the number of appeals, with no evidence that tribunals can manage this surge effectively. This situation risks undermining the PRS’s attractiveness to new investors and may prompt existing landlords to exit the market.

Lengthy appeal times and data gaps

Across the three tribunals that provided data, 2,944 rent appeal cases were recorded over three years. However, only one chamber could confirm how long these appeals took to conclude, reporting that just 21% were decided within 10 weeks before the RRA came into force.

These findings raise questions about the government’s ability to measure whether the tribunal system is becoming overwhelmed. Real Estate:UK also questions how the government plans to allow backdating of rent in unsuccessful appeals when such significant delays are evident.

Government lacks centralised data and transparency

Written Parliamentary Questions have confirmed that the government does not hold centralised data on appeal volumes or processing times. This absence of reliable baseline data complicates efforts to assess the additional pressure caused by the expanded use of Section 13 for rent increase challenges.

The government has pledged to conduct a viability assessment of an alternative or filtering body to make initial rent determinations before cases reach tribunals. However, no timetable or operational details have been provided.

Real Estate:UK also notes that the government has not published its Justice Impact Test, which evaluates the Act’s effect on the tribunal process, and appears to be resisting its release.

Continuing delays in possession cases despite funding

Despite ministerial promises of ‘court readiness’ linked to the RRA’s implementation, possession case delays persist. The government has allocated £50 million towards court readiness, but Real Estate:UK criticises the lack of specific metrics, timelines, or a clear definition of what ‘readiness’ entails.

What this means for landlords

Landlords face a more uncertain and prolonged process when seeking possession or disputing rent increases. The extended timescales and lack of clear data on tribunal performance may discourage investment in the PRS and increase the risk of landlords exiting the market. Without transparent government plans and effective tribunal capacity, landlords must prepare for ongoing delays and potential financial impacts.

Source: Based on reporting from Property118

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