Source · Select Committees · Housing, Communities and Local Government Committee
Recommendation 6
6
Accepted in Part
Paragraph: 49
We strongly recommend that the Government introduce a specialist housing court as the surest way...
Recommendation
We strongly recommend that the Government introduce a specialist housing court as the surest way of unblocking the housing court process. Whether it does this or not, it is absolutely essential that the Government significantly increase the courts’ ability to process possession claims quickly and efficiently and in a way that is fair to both landlords and tenants. This must involve prioritising and fast-tracking all possession claims in respect of rent arrears and antisocial behaviour. In consultation with landlords, the Government should also agree how quickly the courts need to be processing possession claims before landlords can have confidence in the system, and then commit to meeting this target before abolishing section 21. It should also collect and regularly publish data on its progress towards meeting this target.
Government Response Summary
The government is working with the Ministry of Justice and HM Courts and Tribunal Service to improve the court possession process, including digitizing more of the process, exploring prioritization of certain cases like antisocial behavior, improving bailiff recruitment, and providing early legal advice for tenants. Implementation will not take place until sufficient progress has been made to improve the courts, and the abolition of Section 21 will not proceed until reforms to the justice system are in place.
Paragraph Reference:
49
Government Response
Accepted in Part
HM Government
Accepted in Part
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.