The government’s recent capacity boost for criminal courts is a welcome step toward tackling the growing case backlog. However, without similar investment in civil courts and tribunals, landlords, tenants, and agents could be left in limbo when seeking resolution for critical property disputes, says Reapit, the UK’s leading tech provider to the property sector.
On 5 March 2025, the Ministry of Justice (MoJ) announced a record allocation of 110,000 Crown Court sitting days for the next financial year, as well as a £28.5 million increase in court maintenance funding, and expanded capacity for the Immigration and Asylum Tribunal. Yet, no equivalent commitment has been made to civil courts and property tribunals – despite the additional strain they are expected to face due to the Renters’ Rights Bill.
The Bill, in providing for the abolition of Section 21 ‘no-fault’ evictions, will force landlords to use Section 8 notices to regain possession of their properties, which will require a court ruling unless the tenant leaves voluntarily. The legislation also proposes scrapping fixed-term tenancies and requiring all rent increases to be served via a Section 13 notice. These measures are likely to increase demand for court and tribunal time.
Reapit’s recent Freedom of Information (FOI) request revealed that the government does not track how many rent increase cases tribunals currently handle and their outcome. The impact of similar tenancy reforms in Scotland as reported by Nationwide Foundation and Indigo House suggests that England’s tribunal system could face up to 1.3 million market rent cases annually if all tenants subject to rent increases choose to challenge them.
The government’s own impact assessment also acknowledges longstanding issues with civil court delays, particularly for landlords seeking possession orders. More than 90% of landlords surveyed in a 2018 Call for Evidence by the MHCLG reported court delays, while 95% of respondents said enforcement by County Court bailiffs took too long.
Despite this, the government has yet to release the Justice Impact Test or New Burdens Assessment for the Renters’ Rights Bill, leaving key questions unanswered about how it intends to resource the courts and tribunals ahead of the Bill becoming law later this year.
Dr Neil Cobbold, commercial director at Reapit, commented: “It’s encouraging to see investment in criminal courts, but the civil courts and tribunals need more capacity too. Landlords, tenants, and agents need access to swift, fair resolutions – especially with the increased demand we expect from the Renters’ Rights Bill. Without increased funding and capacity, we risk long delays, uncertainty, and a backlog that will impact tenants, landlords and agents.
“Additionally, the government has yet to publish a Justice Impact Test or New Burdens Assessment for the Renters’ Rights Bill – two crucial reports that outline how much additional strain the courts will face and the funding required to manage it. Without these assessments, the extra costs may be left out of the government’s upcoming Spending Review, potentially delaying essential resourcing for councils and tribunals.
“While we wait for the government to act, agents can take proactive steps. The best way to avoid court is through robust tenant checks, rent tracking, and transparent communication – which tech from Reapit can provide. With the right processes in place, we can help ensure a fair, functioning rental market – without relying on an already overstretched justice system.”
Read the orginal article: https://propertyindustryeye.com/more-capacity-needed-for-civil-courts-too-says-reapit/
