Government urged to boost court funding ahead of Renters’ Rights Act changes

The Law Society has warned that without increased investment in the court system, backlogs and limited access to justice will become unavoidable for landlords and tenants. This call comes as the Renters’ Rights Act abolishes Section 21 ‘no fault’ evictions in England, a major reform expected to increase contested repossession cases.

According to recent Ministry of Justice figures, private landlord repossessions have already risen by 3% compared with the same period last year. The Law Society stresses that courts must be adequately funded now to prepare for the anticipated rise in hearings, rather than waiting until delays worsen.

Impact of abolishing Section 21 on possession claims

Mark Evans, president of the Law Society, highlighted the significance of the Renters’ Rights Act reforms: “The end of ‘no fault’ evictions in England is one of the biggest changes in the private rented sector in decades.” He emphasised that without proper funding, “additional delays and backlogs in the courts will be unavoidable and will mean that justice will not be available to all.”

Evans also noted that while most provisions in the Act apply to England, the increase in case volumes will affect the entire court system, including Wales. He urged the government to invest across both English and Welsh courts to ensure safe and stable housing, which he described as a fundamental human right.

Years of underinvestment exacerbate court delays

The Ministry of Justice data reveals that London’s Barking and Dagenham borough recorded the highest number of private landlord repossession claims, at 878 per 100,000 households. This highlights regional pressures on the court system.

Paul Shamplina of Landlord Action has warned that the Renters’ Rights Act will lead to further delays in possession claims. He explained: “Years of underinvestment in the courts are now translating into record waiting times for landlords.” Shamplina pointed out that many landlords still rely on Section 21, and with its removal, all possession cases will depend on an already overburdened court process.

He further detailed the impact of new rules increasing the mandatory rent arrears threshold from two to three months and extending notice periods to four weeks. “Landlords will face longer timelines before they can secure a possession order,” he said, adding that enforcement delays after an order is granted can add several more months.

What this means for landlords and agents

The abolition of Section 21 means landlords must now rely on court proceedings to regain possession, which are expected to be more contested and time-consuming. The anticipated rise in cases, combined with existing court delays, could lead to longer waiting times for possession orders and enforcement.

Landlords and letting agents should prepare for these changes by allowing additional time in tenancy management and considering the potential for increased legal costs. The Law Society’s call for government investment aims to mitigate these challenges by ensuring courts are equipped to handle the workload efficiently.

Conclusion

The Renters’ Rights Act represents a significant shift in the private rented sector, aiming to create a fairer housing system. However, the success of these reforms depends on the government’s commitment to adequately fund the courts. Without this, landlords and tenants alike may face prolonged uncertainty and delays in possession cases.

Suggested internal link anchors

• Renters’ Rights Act
• Section 21 abolition
• landlord possession claims
• court delays
• private rented sector reforms
• possession order timelines
• rent arrears threshold
• court funding
• landlord legal costs
• tenancy management

TLA update

TLA is launching a new Trusted Partners Hub in Q1 2026, featuring verified and approved service providers selected to support landlords, tenants, and property management businesses. We are inviting legal, trades, insurance, financial, mortgage, tenant screening, and other service providers to register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/