Lawyers and Tory peers have expressed fears that the Renters’ Rights Bill will be ineffective without further investment in the courts.

During the second reading debate in the House of Lords, Shadow Housing Minister Baroness Scott accused Labour of abandoning the previous government’s commitment to improvements in the courts and tribunals service before abolishing Section 21 for existing tenancies, along with the six-month implementation period before abolishing Section 21 for new tenancies.

“This means that our courts will not be resourced as they need to be,” she said. “Labour has also abandoned our requirement for the Lord Chancellor to assess the courts’ possession processes before abolishing Section 21 for existing tenancies, which would have ensured that they were ready for the changes first.”

Funding

The Law Society of England and Wales has also warned that rental reforms will be difficult to enforce without further clarity around the enforcement provisions in the Bill and increased funding.

Law Society president Richard Atkinson (pictured) says while the government’s proposals to increase housing legal aid fees are welcome, more needs to be done around the scope of legal aid, which would enable more renters to obtain legal advice at an earlier stage.

He believes more contested possession hearings may lead to additional cases. “The government must outline how it intends to equip courts with adequate resources to handle this rising demand, while dealing with existing backlogs,” says Atkinson.

During the debate, Housing Minister Baroness Taylor admitted that many peers had expressed concerns to her about whether the court system could handle reforms.

She told them: “I want to reassure noble Lords that we are working closely with the Ministry of Justice to ensure that the justice system is prepared for the implementation of this Bill. Most tenancies end without court proceedings being required, and the digitisation of the court possession process will make the process easier to navigate for landlords and tenants in those cases where they are.”