Labour urged to publish impact of rent reforms as eviction delays soar
Government departments are required to complete a justice impact assessment for any new bills that are likely to impact the UK courts system.
Labour's Renters' Reform Bill is set to become law this summer and will include the removal of Section 21 'no-fault evictions'.
There are fears the change will force landlords to rely on the courts to regain possession of their properties, adding to existing backlogs.
Private landlords faced an eight-month wait from making a claim to the courts to their properties being repossessed in the first four months of 2025, according to the latest government data.
Chris Norris, chief policy officer for the National Residential Landlords Association, said: 'The justice system is simply not ready for the impact of the Bill.
'In the interests of transparency, the Government should publish the Justice Impact test. The Government also needs to come clean about how it defines the courts being ready for the reforms. Warm words are no substitute for clear objectives for the justice system.'
Justice impact assessments are an internal process and not usually published by government departments, but previous ministers have committed to publishing court reviews ahead of implementing rental reforms.
The former Levelling Up, Housing and Communities Committee in a 2023 report said: 'It is not clear whether the Government fully appreciates the extent to which an unreformed courts system could undermine its tenancy reforms.'
Furthermore, in a consultation in 2022, the then-government acknowledged that Section 21 was preferred by landlords to other means of eviction – such as Section 8 – as it was perceived as 'quicker and more certain'.
Richard Atkinson, president of the Law Society, said of the Renters' Rights Bill: 'The bill will not be effective without further investment in the justice system.'
Mr Atkinson also urged the Government to 'provide greater funding and more clarity to the enforcement provisions so that justice is accessible to renters and landlords alike'.
In addition to concerns about the justice system, a report has warned impacts of the bill will add almost £900 a year to the average tenancy. The legislation will limit landlords to just one rent increase per year capped at the 'market rate' – the price that would be achieved if the property was newly advertised to let.
Landbay said property owners were planning to increase rent by an average of 6pc, which would add £74 to the average monthly rent, or £888 a year.
Dr Neil Cobbold, director at property software company Reapit UKI, said: 'The Government's decision not to share the Renters' Rights Bill justice impact test raises serious questions about transparency and accountability. The estimate of changes in the number of court and tribunal cases is a vital tool for understanding how the legislation will affect the property sector – including case volumes – and whether the justice infrastructure is in place to support the change.'
The Bill is currently going through the House of Lords before being sent back to the Commons and is expected to receive Royal Assent by summer 2025 and be implemented before the end of the year.
An MHCLG spokesman said: 'As was the case under previous governments, Justice Impact Tests are internal government documents and it is not standard practice for them to be published.
'We are fully focussed on ensuring the justice system is ready for our reforms, which will create a fairer housing market, and are working closely with the Ministry of Justice and HM Courts and Tribunal Service to ensure all necessary preparations are in place.'
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