As the property sector braces for the sweeping changes of the upcoming Renters’ Rights Bill and the long-anticipated abolition of Section 21 ‘no fault’ evictions, fresh concerns are emerging from the heart of our justice system. MPs and leading solicitors are sounding the alarm: the county court system in England and Wales is in crisis, and landlords are right to pay attention.

Justice System ‘Dysfunctional’, Say MPs

In a stark report, the House of Commons Justice Committee has labelled the county courts “dysfunctional”, citing mounting delays, outdated processes, and a fractured digital infrastructure that’s failing to deliver justice efficiently. The committee’s chair, Andy Slaughter MP, described the situation as a “complex patchwork” of paper-based and digital systems, plagued by understaffing and unacceptable delays.

This follows the government’s decade-long court digitisation programme, intended to modernise the justice system. Instead, the committee warns that it has “fallen well short of its ambition”, leaving behind a system straining under pressure.

Legal Profession Speaks Out

Backing the MPs’ findings, the Law Society has criticised the government’s failure to properly fund the courts. Its president, Richard Atkinson, revealed that over half of solicitors surveyed do not trust the effectiveness of the new digital portals, and warns that thousands of people remain in “legal limbo” due to the long wait times.

This has profound implications for the private rented sector, particularly as reforms shift the balance of eviction proceedings away from landlords’ traditional options.

Landlord Action: A Call for Urgency

Paul Shamplina, founder of Landlord Action and long-time advocate for landlord rights, reflects on how these delays are nothing new. He recalls that as early as 2019, before the disruption of COVID-19, there were already calls for a dedicated housing court to fast-track landlord and tenant disputes.

Now, with the Renters’ Rights Bill on the brink of becoming law, Shamplina warns that the volume of eviction cases entering the courts is only going to increase. He argues for immediate action: more judges, more bailiffs, and a more effective rollout of digitisation.

“The system needs investment,” he stresses. “If the courts aren’t fixed, we risk overwhelming them just as the sector faces its biggest legal shake-up in decades.”

High Court: A Practical Workaround for Landlords

Amid the turmoil, a coalition of leading property organisations, including the NRLA, Propertymark, and Landlord Action, is urging landlords to consider an alternative: the High Court.

Using High Court enforcement offers a potential workaround to the clogged county court process, helping landlords avoid lengthy backlogs and regain possession more swiftly. While not suitable for all cases, it’s a strategic option worth exploring with legal advisors, particularly for more complex or high-stakes tenancies.

Why This Matters for Landlords and Letting Agents

For landlords and letting agents, the evolving legal landscape makes it more important than ever to stay informed, prepared, and supported. At Boydens, we’re already helping clients navigate the practicalities of these changes, whether it’s understanding the impact of the Renters’ Rights Bill, or managing possession proceedings in a more uncertain judicial climate.

We believe that property management is about more than bricks and mortar, it’s about peace of mind. And that means having the right advice, at the right time, from a team that understands the system and cares about your investment.

Need Advice?

If you're a landlord worried about how these reforms could affect you, or if you're unsure about your next steps, speak to your local Boydens branch today. Our expert lettings team is here to help you make informed, confident decisions in a changing world.

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