Arguably, the most dramatic
change in the Renters Reform Bill was the proposed abolition of the section 21
process. On Friday last week the government made a U-turn on the proposed
change that many have been eagerly following. The government still intends to
abolish section 21 but has now made this conditional upon improvements to the
court process.
The government’s response to a report
by the Levelling Up, Housing and Communities Committee on Reforming the Private
Rented Sector states:
“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.
We are
running bailiff recruitment campaigns and have reduced administrative burdens
to free up resource for bailiffs to focus on enforcement activity, including
the enforcement of possession orders. We will explore further improvements to
bailiff’s recruitment and retention practices.”
These proposals will be welcomed
by many, but improvements of this magnitude will take a long time to implement.
Reforming the justice system is not a quick fix and is something that is likely
to take years rather than months.
The Bill has its second reading
in the House of Commons today.
- Post author
Alina De Heer
Alina has dealt with landlord and tenant disputes since 2014, and qualified as a solicitor in 2017. She acts for both landlord and tenant, companies and individuals, as well as managing agents, residents’ associations and Right to Manage companies, often appearing on behalf of clients in the local County Court.