Moving landlord and tenant disputes from overburdened county courts to tribunals would help clear the backlog and make evictions faster, according to a senior housing lawyer.

Writing for the Conservative Home website, Jonathan Hulley says the county courts are buckling under the strain of excessive caseloads, with some cases taking 54 weeks to go to hearing or trial.

Law Society analysis of recent figures shows that the time it takes for some landlord-tenant disputes to be heard has risen by 30 weeks since 2010, despite there being 2,000 fewer cases than 14 years ago.

Hulley, who is also a councillor on Surrey County Council and works at legal firm Birketts, adds that although Housing Minister Matthew Pennycook has pledged that the government will invest in additional court capacity to manage the expected increased demand once Section 21 is banned, this is meaningless given that some cases are already taking over a year to be heard.

“The answer may lie in expanding the First Tier Tribunal Property Chamber (FTT) role to hear more, perhaps all, future landlord-tenant cases,” explains Hulley.

Resolve disputes

“These already provide landlords, tenants, and leaseholders with a means to resolve property-related disputes if other forms of alternative dispute resolution, such as mediation, have failed. It is also a more user-friendly forum for members of the public and more cost-effective.”

The FTT can decide some cases without needing to be heard, he says. These decisions are based on the weight of evidence presented in the application and are known as paper decisions, which are usually reached within six weeks of the application being received. If an oral hearing takes place, a FTT panel – along with each party - can ask questions. After the hearing, a decision is usually reached within six weeks.

Adds Hulley: “The Renters’ Rights Bill objectives are bound to fail unless the inefficiencies within the county court system are addressed.”

Main image credit: Birketts