The new Labour government won’t wait to improve the court system before abolishing Section 21, predicts a top property lawyer.

JMW’s David Smith says he anticipates it will seek to have the new Renters’ Rights Bill finished by the end of the year, with parts of it coming into effect in early 2025.

However, he adds: “I do not expect that there will be any waiting for court reform before removing Section 21 as the Conservative government was persuaded to do.

“That does not mean that I do not think that there will not be court reform, I expect there will be. But I do not anticipate that there will be delays allowing for it to take effect.”

Overwhelmed

Propertymark has already warned that the courts in England and Wales will be overwhelmed if the government abolishes Section 21 without an adequate replacement mechanism, putting extra strain on the PRS.

NRLA policy director Chris Norris (pictured) has called on the government to fix the broken justice system and replace Section 21 with something fair, workable and sustainable for both responsible landlords and renters.

He adds: “Tenants are no better served by delays, which increase hardship, stress, and uncertainty. We need action from the government, alongside the Bill, to ensure all can access justice in a timely fashion when they need to do so.”

Rent arrears

Smith says the government briefing also states that there will be suitable additional grounds for possession to protect landlords’ ability to reclaim property when needed.

“However, I do not expect there to be a ground for repeated rent arrears which was in the previous Bill and I worry about whether a student possession ground will exist,” he adds. “I would also anticipate some longer notice periods for some grounds, especially a ground for possession to allow for sale.”