The Law Society of England and Wales has called on the government to increase court funding urgently, warning that the justice system is unprepared for the abolition of Section 21 evictions in May.

The intervention comes as Ministry of Justice data shows private landlord repossessions rose 3% year-on-year, with legal professionals warning that the planned reforms will flood an already strained system with contested possession claims. For landlords, the warning reinforces concerns that removing no-fault evictions without adequate court capacity will leave them powerless to recover properties.

Court system under pressure

The Law Society’s president has issued a direct warning to ministers about the consequences of proceeding without additional investment. Currently, possession cases are taking 27 weeks or more to process, with bailiff waiting times adding further months.

Mark Evans, president of the Law Society of England and Wales, said: “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.”

He added: “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.”

Regional hotspots emerge

The MoJ figures reveal significant regional variation in possession activity. Barking and Dagenham recorded the highest rate of private landlord repossession claims in London, with 878 per 100,000 households. Such concentrations suggest certain areas may face acute pressure once Section 21 is removed.

Under the Renters’ Rights Act, landlords will only be able to recover properties using Section 8 grounds, which require evidence and are more likely to be contested by tenants. Legal experts predict this will substantially increase court workloads.

Cross-border implications

Evans noted that while most Renters’ Rights Act provisions apply only to England, the court system serves both England and Wales. Rising case volumes in England will therefore impact Welsh proceedings too, and the Law Society has called for investment across both jurisdictions.

The government has acknowledged the importance of court readiness to the reforms’ success. Housing minister Matthew Pennycook previously described judicial capacity as “essential” during the legislation’s passage through Parliament. However, landlord groups remain sceptical that sufficient resources will be in place by May.

What landlords should do now

With the 1 May deadline approaching, landlords should:

• Review all existing tenancies and identify any requiring action before Section 21 is abolished
• Ensure all Section 8 grounds documentation is in order, particularly for rent arrears and antisocial behaviour
• Factor extended timescales into any possession planning, with cases potentially taking 12 months or longer

Opinion

The Law Society’s warning should concentrate minds in government. It is one thing for landlord groups to raise concerns about court capacity – it is quite another when the legal profession’s own representative body says the system cannot cope. If ministers proceed without adequate funding, the consequences will fall on both landlords unable to recover properties and tenants trapped in dysfunctional proceedings. Neither outcome serves justice.