Source · Select Committees · Housing, Communities and Local Government Committee
Recommendation 5
5
Acknowledged
Paragraph: 48
Before section 21 can be repealed, landlords must have confidence in their ability to regain...
Conclusion
Before section 21 can be repealed, landlords must have confidence in their ability to regain possession under section 8, especially in the case of rent arrears and antisocial behaviour. The biggest obstacle to this is the capacity of the courts. We continue to maintain that the best way to improve the housing court system is to establish a specialist housing court, and we do not think the Government has given a satisfactory reason for rejecting this proposal. We are concerned that the Government does not fully appreciate the extent to which an unreformed courts system could undermine its tenancy reforms.
Government Response Summary
The government recognises the importance of making the court process smooth and efficient and is working with the Ministry of Justice and HM Courts and Tribunal Service to drive forward improvements to the court possession process, including digitising the process, exploring prioritisation of certain cases, and improving bailiff recruitment.
Paragraph Reference:
48
Government Response
Acknowledged
HM Government
Acknowledged
The vast majority of tenancies end without the need for court involvement, and we expect that to continue after our reforms. However, for those difficult cases which do escalate to the courts, the government recognises the importance of making sure that the process is as smooth and efficient as possible. In our white paper, ‘A Fairer Private Rented Sector,’ we set out a range of court improvements to target those areas which can currently cause frustration and delays. We are working closely with the Ministry of Justice and HM Courts and Tribunal Service to drive forward improvements to the court possession process so that users have a modern, digital service that will align with the reforms to tenancy law. Implementation of the new system will not take place until we judge sufficient progress has been made to improve the courts. That means we will not proceed with the abolition of section 21, until reforms to the justice system are in place. The target areas for improvements include: • digitising more of the court process to make it simpler and easier for landlords to use; • exploring the prioritisation of certain cases, including antisocial behaviour; • improving bailiff recruitment and retention and reducing administrative tasks so bailiffs can prioritise possession enforcement; and • providing early legal advice and better signposting for tenants, including to help them find a housing solution that meets their needs. We are also strengthening mediation and dispute resolution, seeking to embed this as a member service of the new Ombudsman. This will give landlords stronger tools to resolve disputes before court action is needed.