A leading evictions lawyer has warned that without massive investment in the court system, time scales for possession hearings will dramatically increase.

Greg Simms, real estate disputes partner at Addleshaw Goddard, says there are growing fears across the legal sector about how the court system will cope with possession hearings and eviction reforms in the Renters’ Rights Bill.

Writing in the Financial Times, he explains that the average timeline for obtaining possession has increased to 25 weeks, but that there is massive regional disparity. A recent claim in Manchester was dealt with in three months, while near identical claims in central London are taking eight months – and these claims were under the current rules where no court hearing was required.

“Going forward, a hearing will be required for every possession claim,” says Simms. “Without massive investment in the court system we fear that these time scales will dramatically increase. This will have a knock-on impact for all claims, not just possession claims going through the county court system and will further disincentivize private renting, particularly landlords with small portfolios who need to remove tenants that are disruptive or failed to pay rent.”

Grounds for possession

Once fixed term tenancies end, the only way for landlords to regain possession of their properties will be to rely on one or more of an expanded number of grounds for claims of possession.

The government’s new Guide to the Renters’ Rights Bill says confidently: “However, where a dispute cannot be resolved through other methods, the involvement of the courts will continue to be a necessary part of the possession process, to ensure that landlords have proper grounds for proceeding.

“The Ministry of Housing, Communities and Local Government is working with the Judiciary, the Ministry of Justice and HM Courts and Tribunals Service to ensure that the county court is prepared for the changes to the tenancy system.”

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