Government plans 1,000 new judges for Renters Rights Act cases

Government plans 1,000 new judges for Renters Rights Act cases

The government is recruiting 1,000 new judges and tribunal members to manage the expected rise in possession claims under the Renters Rights Act, with full court digitisation targeted for May 2027.

The Ministry of Justice has outlined significant legal service expansions to cope with the increased workload following the abolition of section 21 no-fault evictions. This move affects landlords and tenants across England, requiring new possession grounds and court processes from late 2026 onward.

Minister for Courts and Legal Services Sarah Sackman confirmed recruitment drives and redeployment of staff to prepare for the surge in cases. Two new digital services are under development to streamline possession claims and Residential Property Chamber proceedings, aiming to reduce delays through a fully digitised court system.

Details of legal system changes for possession claims

The Renters Rights Act removes the automatic right to repossess property without cause, replacing section 21 with 37 specific grounds for possession. Landlords must now rely on these grounds, and if tenants do not vacate or contest the notice, possession disputes will proceed through the courts.

The Ministry of Justice’s letter to the National Residential Landlords Association (NRLA) acknowledges concerns about court delays and assures that the court service is expanding capacity. The recruitment of 1,000 judges and tribunal members is a key part of this response.

Digitisation is central to the reforms, with plans to replace paper-based claim processing by May 2027. Landlords and tenants can still submit paper statements, but internal case management will be fully digital, reducing risks of lost documents and speeding up case handling.

The government is also considering establishing a non-judicial body to handle rent challenge disputes, aiming to alleviate pressure on the First Tier Tribunal. However, details of this body’s operation remain under review.

Context and implications for landlords and agents

These legal preparations come as the private rented sector adapts to the Renters Rights Act’s fundamental changes. The loss of section 21 means possession claims will be more complex and potentially lengthier, increasing the demand on court resources.

For landlords, this means possession cases will require clear evidence to meet one of the new grounds, and they must be prepared for possible tenant challenges. Letting agents will need to advise landlords carefully on notice requirements and documentation to support possession claims.

The introduction of digital court services promises improved efficiency, but the transition period may see some operational challenges. Landlords and agents should expect changes in how possession claims are submitted and managed, with a greater emphasis on digital processes.

Practical effects for landlords and agents managing possession claims

Landlords must now navigate a more detailed legal framework for possession, requiring thorough preparation of evidence and compliance with the specific grounds set out in the Act. Notices must be precise, and agents should ensure landlords understand the legal thresholds for each ground.

The expanded judiciary and tribunal membership should help reduce current backlogs, but the effectiveness will depend on how quickly new judges are appointed and trained. Landlords should monitor court wait times and seek legal advice when necessary to avoid procedural errors.

The digitalisation of court processes will require landlords and agents to become familiar with online submission platforms. While paper submissions remain an option, digital filings are likely to become standard, necessitating investment in digital literacy and document management.

Uncertainties and areas to watch

Details about the proposed non-judicial rent challenge body remain unclear, including its structure, powers, and how it will interact with existing tribunals. Landlords should watch for government announcements clarifying this mechanism, as it could affect rent setting and dispute resolution.

The success of the digitisation programme depends on the rollout and adoption of new systems by courts and users. Delays or technical issues could impact possession claim processing times, so landlords and agents should stay informed about system updates and guidance.

Monitoring how the courts manage the increased caseload will be critical. The NRLA has called for transparent mechanisms to track wait times and case outcomes, which will influence landlord confidence in enforcing possession under the new regime.

What landlords should consider now

• Review tenancy agreements and possession notices to ensure compliance with the new grounds under the Renters Rights Act.
• Prepare for the shift to digital court processes by organising tenancy and possession documentation in accessible digital formats.
• Stay updated on government guidance and court service announcements regarding the new digital platforms and tribunal arrangements.
• Engage with professional bodies such as the NRLA and The Landlord Association for support and information on managing possession claims effectively.
• Consider legal advice early in possession cases to navigate the more complex grounds and avoid procedural pitfalls.

Supporting landlords through Renters Rights Act changes

The Landlord Association (TLA) offers members access to practical compliance resources and guidance tailored to the evolving legal environment under the Renters Rights Act. TLA’s developing ORBIT platform, currently in BETA testing, aims to assist landlords and letting agents in organising property records, managing tenancy documents, and recording key actions such as possession notices and court communications.

ORBIT’s integration of TLA’s compliance materials and property management tools can help landlords maintain accurate records and prepare for the new digital court processes. Membership also provides updates on regulatory developments and support for navigating tribunal procedures.

Exploring TLA membership and ORBIT BETA access can provide landlords and agents with valuable resources to manage the increased legal complexity and digital demands introduced by the Renters Rights Act.

Looking ahead, landlords should expect ongoing adjustments as the government finalises the rent challenge body and as digital court services become fully operational. Staying informed and prepared will be essential to managing possession claims successfully in this new legal framework.

Sources: Letting Agent Today