The government is continuing to withhold key assessments on how the Renters’ Rights Bill will impact the justice system despite mounting pressure for transparency and growing concern over capacity in the County Courts.
In response to a Freedom of Information (FOI) request from proptech firm Reapit, the Ministry of Housing, Communities and Local Government (MHCLG) confirmed it holds the Justice Impact Test for the Bill, but declined to publish it.
The Department cited Section 35(1)(a) of the Freedom of Information Act, which allows policy formulation discussions to be kept confidential to preserve a “safe space”.
It marks the second time the government has refused to release the data, after previously declining to share the information in official correspondence with Reapit. The company has now appealed the decision.
LACK OF TRANSPARENCY
The Justice Impact Test is a legislatively required document intended to estimate the burden new legislation may place on courts, tribunals and the legal aid system. With the Renters’ Rights Bill expected to become law later this year, the lack of transparency is raising concerns across the property sector.
The controversy comes just days after the House of Commons Justice Committee published its latest report into the County Court system, warning of “unacceptable and increasing delays across nearly all types of claims”.
The report also cited staff shortages, limited capacity and an absence of reliable data on court performance.
CLEAR PUBLIC INTEREST
Dr Neil Cobbold, Commercial Director at Reapit UKI, says: “We recognise the government’s need for a ‘safe space’ during the early stages of policy development.
“However, with the Renters’ Rights Bill clearing the Report Stage in the House of Lords, the focus is shifting towards final amendments and implementation.
“At this point, there is a clear public interest in understanding how the justice system is expected to respond to the changes.
“This is critical in light of the Justice Committee’s recent report showing increasing delays for those seeking justice through the County Courts, which is where most eviction cases will be ruled on.
“Landlords, tenants, and letting agents are already preparing for what the Bill will mean in practice. Publishing the Justice Impact Test would provide much-needed clarity and help ensure that everyone affected is ready for the transition.”
MAJOR REFORMS
And he adds: “At Reapit, we are already working closely with our customers and partners to help them prepare – from updating workflows and compliance tools to providing guidance and resources to support a smooth transition when the Renters’ Rights Bill comes into force.
“For letting agents, choosing the right tech partner to help their landlords maintain confidence in the private rented sector will be among the most important decisions they make in 2025.”
The Renters’ Rights Bill includes major reforms to the private rental market, including the abolition of Section 21 ‘no-fault’ evictions, revised rent tribunal procedures, and potential increases in court action over tenancy issues such as pet damage.
With court workloads likely to rise, critics argue that withholding impact assessments at this stage risks undermining the sector’s ability to prepare.
