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Lawyers warn courts won't cope with more contested evictions

law society

The Law Society has warned that the courts aren’t ready for an expected rise in contested eviction hearings created by the Renters’ Rights Act.

The group wants the government to pump more cash into the court system while welcoming the decision to end no-fault evictions which it says addresses a long-standing imbalance that gave landlords an unfair advantage.

President Mark Evans (pictured) adds that while the act also introduces new and revised grounds for possession, to ensure fairness for both parties, the government must clarify what kind of evidence landlords will need to provide to invoke those grounds.

Invest

“For this act to be successful, the government must now invest in the courts to ensure they can handle the expected rise in contested hearings,” says Evans. “Court reform and modernisation is crucial if the Renters’ Rights Act is to help both tenants and landlords.”

Meanwhile, Savills has warned that tenant vetting will be much more important when both assured short-hold tenancies and no-fault evictions end.

Rules

“Under the new rules, the relationship between tenant and landlord will necessarily become more committed, and ensuring compatibility between both parties will be more critical than ever,” explains Nick Maud, director, residential research. “This is particularly true in light of the increased barriers to ending tenancies from a landlord’s perspective. In response, vetting of applicants may well become more stringent, with a greater reliance on the expertise of trusted agents.”

Maud adds that a number of landlords might reassess their position once the act becomes reality, while others will stand their ground as the lettings market evolves. However, a weak sales market – which has driven average gross yields in prime London up by 0.7% since before the pandemic – could reduce their opportunity to exit the rental market.

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law society
renters' rights act
Section 21

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