Renters' Rights Bill: lawyer predicts surge in eviction cases

The county court could be flooded with eviction cases in the build-up to new legislation strengthening tenants' rights so will need additional investment to cope with the surge in possession proceedings, a property disputes specialist has said.

The Renters’ Rights Bill, which would abolish section 21 ‘no fault’ evictions, began its journey through parliament yesterday.

The Ministry of Housing, Communities and Local Government said banning section 21 notices ‘will reassure tenants they can challenge bad practice without the fear of retaliatory eviction, as landlords will need to provide a valid cause to end a tenancy early’.

Scott Goldstein, a partner and property disputes specialist at Payne Hicks Beach, said the plan to abolish section 21 no fault evictions for existing and new tenancies ‘will send a shockwave through the sector’ and showed the government means business.

‘Expect a huge surge in section 21 notices served in the time before the legislation takes effect, and a bulge in possession proceedings two months later when the notices expire,’ Goldstein said.

The courts will need additional investment to cope with the expected influx of new claims, Goldstein added. ‘The county court system is completely broken. It now takes many weeks to process claims.'

Government data shows a steady increase in landlord possession actions and in the time from claim to landlord repossession. Latest available data shows the average time was 25.4 weeks between April and June - up from 22.1 weeks in the same period last year.

Deputy prime minister Angela Rayner says the bill will rebalance the relationship between tenant and landlord.

Law Society president Nick Emmerson said: ‘As the housing crisis spirals out of control, it is vital that renters are afforded clear rights that protect them from unjust treatment and homelessness. Ending “no fault” evictions is a critical step in bolstering these protections. However, more details are needed on how the government will ban “no fault” evictions, while balancing tenant rights with landlords’ routes to repossessions.'

Emmerson urged the government ‘to invest in both the legal aid system and the courts to ensure renters can access justice and are protected when facing eviction’.

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