Investment needed if courts are to improve
County courts in England are in desperate need of a cash injection to cope with demand, including the thousands of possession claims from landlords it deals with each year.
The NRLA has highlighted problems within the existing court system in response to a Government consultation on the issue.
The consultation was launched as part of an inquiry in response to long-standing concerns over court capacity and resources, with landlords waiting around 29 weeks from making a claim to a bailiff attending the property.
Landlords typically only use the county court service where they need to regain possession of a property, with around 36,000 possession orders issued in 2022 because of accelerated or private landlord possession claims.
While Section 21 notices are often described as ‘no fault’ evictions, the really attractive part for landlords is that they can regain possession with certainty where the tenant has done something wrong. For example, previous surveys found that 83.9% of landlords who had served Section 21 did so because of rent arrears.
With Section 21 going away, it is absolutely essential landlords can regain possession where needed. If not, then letting a property becomes a significantly riskier investment. Part of that will be making sure the courts are properly funded and reformed to ensure cases are heard quickly.
In its submission to the Government the NRLA has argued a properly resourced court system is essential to ensuring landlords have the confidence to remain in business and continue to invest in providing good quality homes to let – vital when it comes to tackling the supply crisis within the sector.
The association is recommending changes that will increase capacity in the courts and streamline and simplify the process, calling on the Government to:
• Significantly increase the capacity of the civil courts;
• Introduce timeframes within the Civil Procedure Rules for each stage of the possession process;
• Provide clearer guidance and support on how to make a claim and what evidence is required at hearings;
• Make greater use of remote hearings to save expenses, reduce costs and allow tenants access to more legal aid providers.
Launching the inquiry Chair of the Justice Committee, Sir Bob Neill MP said the County Court should not be the ‘Cinderella of the justice system’ and that investment is vital if it is to operate effectively.
