The Law Society of England and Wales has urged the Government to increase court funding ahead of the Renters’ Rights Act coming into force in May 2026, warning that rising repossession cases risk deepening delays.
New quarterly figures from the Ministry of Justice show private landlord repossessions have increased by 3% compared with the same period last year.
The rise comes just months before Section 21 ‘no fault’ evictions are abolished in England on 1 May 2026 – a move widely expected to increase the number of contested cases passing through the courts.
London borough Barking and Dagenham recorded the highest rate of private landlord repossession claims, at 878 per 100,000 households.
STRUGGLE TO COPE
The Law Society warned that without additional investment, the courts may struggle to cope with the expected shift towards more complex, defended hearings once Section 21 is removed.
Mark Evans (main picture, inset), President of the Law Society of England and Wales, says: “To ensure a level playing field between landlords and tenants and maintain confidence in the justice system, the government must ensure courts are properly funded to handle the expected rise in contested hearings.
“The end of ‘no fault’ evictions in England is one of the biggest changes in the private rented sector in decades. However, without appropriate funding, additional delays and backlogs in the courts will be unavoidable and will mean that justice will not be available to all.”
COURTS NEED TO GET READY NOW
And he adds: “Next year’s data will ultimately show how the Renters’ Rights Act contributes to a fairer housing system, including how the abolition of Section 21 in England affects the overall repossession statistics. The courts must start getting ready now, not after the backlog starts growing even more.
“Although most of the provisions in the Renters’ Rights Act only apply to England, rising case volumes will impact the whole system. So, now is the perfect time to further invest across both the Welsh and English courts.
“Safe and stable housing is a fundamental human right. The government must take prompt action to protect both tenants and landlords.”
