Why improving justice for landlords and tenants should be a priority for the Welsh Government
In the penultimate blog of our NRLA manifesto series during the Welsh Parliament election campaign, the NRLA puts a spotlight on improving housing justice in Wales.
Between 2010 and 2019 over half the courts in England and Wales were closed in order to make efficiency savings. However, research suggests the savings have not translated into a more efficient delivery of justice. A previous RLA survey found 79% of landlords who had used the courts were dissatisfied with their experience, with excessive delays frequently cited as the main cause of this dissatisfaction.
Government statistics show that it now takes private landlords an average of over 22 weeks from making a claim to the courts for a property to be repossessed to it actually happening. Delays of this kind were occurring before the pandemic and created a huge backlog. According to civil procedure rules which provide a code to ensure courts deal with cases justly, the courts are expected to ensure cases are “dealt with expeditiously and fairly”. The rules state that, from the point it is initially lodged, a landlord’s repossession claim should be completed in approximately nine weeks.
A Commission on Justice in Wales report noted that “demand in respect of housing disputes in the County Court is high”, clearly demonstrating that the England and Wales court system should find more time to deliver justice.
To improve justice for landlords and renters the NRLA is calling for a housing court to be introduced, and for the Welsh Government to explore the possibility of its establishment in Wales. Ahead of its launch its efficacy should be tested in the existing tribunal system. Beyond dealing with the long waiting times that leaves landlords in impossible situations with anti-social tenants or thousands of pounds of rent arrears there are other benefits to a Welsh Housing Court.
Benefits of this venture include improved, speedier financial redress for both landlords and tenants, ensuring less money is wasted and investment lost. Additionally, there will be less emotional upheaval with a justice system that does not get bogged down in delays. Importantly a court of this kind would be staffed by those with expertise in housing law.
The benefits of a housing court have already been seen in Scotland. In December 2017, the First-tier Tribunal for Scotland Housing and Property Chamber took over from the Sheriff Court in dealing with all private rented sector disputes. Examples of matters brought to the court’s attention include possessions, debt recovery actions and cases against landlords who failed to comply with deposit scheme regulations.
The proposal also has wide-ranging support from Shelter Cymru, the Chartered Institute of Housing, Tai Pawb, Community Housing Cymru, ARLA-Propertymark, and the House of Commons Housing Select Committee (2017-19). Two Senedd committees recently backed exploring this proposal and, according to a 2019 RLA survey, over 90% of landlords on the ground back a Housing Court.
Our proposal will also be well equipped to deal with the divergence of housing law from that of England, something suggested by the President of Welsh Tribunals in the organisation’s 2020 annual report.
With all these benefits in favour of a Welsh Housing Court, ministers cannot afford to miss this unique opportunity to demonstrate the role of Wales as a law-making nation.