Landlords struggle as possession cases pile up

Industry bodies warn that the county court system will continue to fail without proper investment.

Propertymark is calling for a dedicated housing court to tackle the never-ending backlog of possession cases.

The NRLA argues that 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.

The warnings come as industry bodies are submitting evidence for a government consultation to examine the concerns over court capacity and resources.

Landlords face a seven month wait

According to the latest figures, landlords now face a seven-month wait to regain their property.

According to data from HM Courts and Tribunal Service, there were 7,301 possession claims made by private landlords in England and Wales in the second quarter of 2023. This represents a 16% rise from the same quarter of 2019 (pre-pandemic).

Propertymark is urging the government to introduce a specialist housing court with expert Judges who can expedite cases and create a consistent standard of judgments.

A spokesperson said: “A specialist housing court would reduce the pressure on County Courts, improve access for both landlords and tenants and speed up the processing of claims.”

Landlords need confidence in the courts

Research on the current system from Citizens Advice found just 23% of tenants feel confident applying to court.

According to the data, 54% said they did not take a claim to court because of the complexity of the process and a similar number (45%) said they were put off by the length of time involved.

The NRLA says with the abolition of Section 21, landlords need confidence in the courts when regaining possession.

A spokesperson said: “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.”

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.

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