Propertymark calls for specialist housing courts

Propertymark calls for specialist housing courts

0:03 AM, 16th February 2024, About 10 months ago 4

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Propertymark has urged the government to introduce specialist housing courts to handle eviction cases and other housing issues more efficiently and fairly.

The organisation says that specialist housing courts, with expert judges, would reduce the burden on the County Courts, improve access to justice for both landlords and tenants, and speed up the resolution of disputes.

The professional body points to research from Citizens Advice that shows only 23% of tenants felt confident applying to court if they faced problems with their landlords.

More than half (54%) said they did not pursue a claim because of the complexity of the process, and nearly half (45%) said they were deterred by the length of time involved.

Removal of Section 21 is a complex issue’

Propertymark’s chief executive, Naathan Emerson, said: “The removal of Section 21 is a complex issue for which there needs to be full consideration of all involved.

“Propertymark is keen to see a dedicated and specialist housing court within the wider system that will be fully geared to deliver on its objectives before any such change.

“Failing to address the capacity of the courts could lead to substantially longer waiting periods for housing issues to be addressed.”

He adds: “All new alternatives must be fully stress tested and be fit for purpose from day one of any proposed changes taking effect.”

Evict tenants without giving a reason

Section 21, also known as the ‘no-fault’ eviction clause, allows landlords to evict tenants without giving a reason if they give two months’ notice.

The government has pledged to abolish Section 21 as part of the Renters (Reform) Bill, but the Bill has been delayed due to other legislative priorities.

Last weekend, Michael Gove, the Secretary of State for Levelling Up, Housing and Communities, reignited the debate by stating that Section 21 evictions would be outlawed across England by the next general election, which is due by January 2025.

Sensible reform to Section 8

However, Propertymark said that the removal of Section 21 must be accompanied by sensible reform to Section 8, which allows landlords to evict tenants for specific reasons, such as rent arrears, anti-social behaviour, or breach of contract.

It says without such reform, there was a risk of causing major issues with housing supply across the private rented sector, as landlords might be reluctant to let their properties or invest in new ones.

Propertymark’s views are echoed by the House of Commons Levelling Up, Housing and Communities Committee, which concluded that the biggest obstacle to reforming Section 21 was the ‘capacity of the courts’ and that the ‘best way to improve the housing court system is to establish a specialist housing court’.


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Luke P

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13:25 PM, 16th February 2024, About 10 months ago

I'm not against the idea, as log as it's not filled with 'Court Officers' who've done a 2 week basic course and, whilst there would 'technically' be grounds to appeal to a proper Judge, in practice it'd be virtually impossible. The Court Officers would no doubt be recent entrants to the country and recruited by G4S to provide services to HMCTS.

Reluctant Landlord

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13:26 PM, 16th February 2024, About 10 months ago

"specialist housing courts to handle eviction cases and other housing issues more efficiently and fairly."
Never going to happen. No need. Not in any political parties interests to give a fig how 'efficient' or 'fair' evictions are...why?
Because the LL is the ONLY person who can evict. A tenant cannot evict a LL.
Ergo a 'imbalance' from the start so forget fairness! no matter the reason - valid or otherwise.
Emphasis is always going to be on the LL to prove beyond reason why a possession is necessary. All we have is a few tick boxes to pick. It never gives the full story.
The system is rigged to make it difficult for LL's no matter what and only going to get worse as no one wants to deal with or have responsibility for those evicted.

The solution? Make sure you are as tight as you can be with referencing and avoiding any tenant with negative history or any blips in background checks.

In a weird way this might increase tenant awareness of what their obligations are in a tenancy and raise behaviours - or they dont get housed? We can only hope.

Seething Landlord

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20:27 PM, 16th February 2024, About 10 months ago

This reads like a post that was written by someone who has been asleep for the past two or three years and is not aware of the RRB with its proposed expansion of S8 to compensate for the loss of S21.

The idea of a specialist housing court has been rejected by government and until last weekend replaced by a commitment to defer the abolition of S21 until the courts have been sufficiently resourced to deal with the extra workload. Gove has now explicitly guaranteed that it will be done before the general election - no hope whatsoever of the promised digitisation and streamlining of the possession process within that timescale so there are bumpy roads ahead.

GlanACC

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18:39 PM, 18th February 2024, About 10 months ago

It won't happen, too much self interest by the government in keeping non paying tenants in the property as long as possible to reduce housing costs. Too much 'leeway' given to the magistrates in deciding an out come. Oh dear, the tenant has a poorly finger - must keep them in the property for another 6 months while it heals.

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