Proposed Court process reforms from the Renters (reform) Bill.
The renters (reform) bill plans to abolish the use of the Section 21 Notice, however, the government announced in October 2023 that it will not proceed with abolishing the Section 21 Notice “until reforms to the justice system are in place”. What does this mean?
The Issue
Cases are taking too long to be heard in court. According to the NRLA, it takes an average of over six months for the courts to process possession claims where landlords have good cause to evict tenants. This is too long!
Why look at the courts process now?
Many conservative MPs are landlords themselves and its been reported that many aren’t happy with the proposed abolition of the section 21 notice. By agreeing to focus on reforming the courts first, the government is hoping to win their support.
The Government will also need the Labour Party to accept that the court system needs to be reformed before Section 21 is abolished.
What’s the plan?
The government has identified key areas that need to be addressed before Section 21 is abolished. These include:
· Digitising more of the court process to be simpler and easier for landlords to use
· Exploring how the courts can prioritise cases that involve antisocial behaviour. This includes mandating that tenancy agreements should have clauses that antisocial behaviour can result in an eviction.
· Improving bailiff recruitment and retention - reducing admin to prioritise possession
· Providing early legal advice and better signposting to help tenants
How will the proposed ombudsman help (if at all!)?
The Renters (Reform) Bill outlines the creation of a new private renters’ ombudsman that all landlords must join, to “address the gap in housing redress in relation to private sector tenant complaints.”
This means a focus on strengthening the mediation process, so cases do not have to immediately go to court. The aim is to try to resolve disputes through mediation wherever possible and not go to court at all – how and if this will work remains to be seen!
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