The government faces criticism from members of the House of Lords over the readiness of the court system to handle claims under the forthcoming Renters’ Rights Act. Concerns focus on whether the courts can manage the expected rise in possession cases following the abolition of Section 21 notices on 1 May 2026.

Concerns over court preparedness

<pSeveral Peers have voiced serious doubts about the courts’ ability to cope with the increased workload the Renters’ Rights Act will bring. Lord Jamieson, a Conservative peer, highlighted that the time for landlords to regain possession through the courts has already increased significantly, particularly in London where delays have doubled from seven and a half months to 15 months since 2024. He questioned the government on whether the implementation of the Act would be delayed until the courts are fully prepared.

Despite these concerns, the government has maintained that delaying the Act would not benefit tenants. Baroness Taylor of Stevenage, Parliamentary Under-Secretary of State for Housing, emphasised ongoing efforts to improve court capacity, including digitisation and increased staffing, to ensure the system can handle the new demands.

Delays and capacity challenges

Lord Young of Cookham expressed particular worry about the imminent abolition of Section 21, which currently allows landlords to regain possession without providing a reason. He referenced warnings from the Master of the Rolls that ending Section 21 will inevitably lead to more contested possession cases. With the average court delay last year recorded at eight months, Lord Young questioned how the government plans to address the courts’ lack of readiness just six weeks before the change takes effect.

Baroness Taylor responded by reaffirming the government’s commitment to working closely with the Ministry of Justice and the Judiciary. She noted that the First-Tier Tribunal’s capacity is being expanded and that an additional 115 court staff have been recruited to manage Section 8 possession claims. Staff are also receiving enhanced training supported by new materials and guidance to prepare for the changes.

Government measures to support transition

The government is undertaking several initiatives to mitigate the impact of the reforms on the court system. These include the digitisation of court processes to streamline case management and the sharing of best practices across courts to improve efficiency. Baroness Taylor stressed that these reforms are crucial for both tenants and landlords, aiming to protect tenants from unfair eviction while ensuring landlords can address issues caused by bad actors.

What this means for landlords

Landlords should prepare for potentially longer possession proceedings as the courts adjust to the new legal framework introduced by the Renters’ Rights Act. The abolition of Section 21 will remove a straightforward route to regain possession, likely increasing contested cases and court delays. However, the government’s investment in court capacity and staff training aims to reduce these delays over time.

It is essential for landlords to stay informed about procedural changes and to engage with the updated possession processes under Section 8 claims. Understanding the evolving legal landscape will help landlords manage tenancies effectively and navigate the new system with greater confidence.

Source: Based on reporting from Property118

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