Government Increases Crown Court Sitting Days, But What About Civil Courts?

The Ministry of Justice (MoJ) has announced a record allocation of 110,000 Crown Court sitting days for the next financial year, alongside a £28.5m increase in court maintenance funding and expanded capacity for the Immigration and Asylum Tribunal. However, no equivalent commitment has been made to civil courts and property tribunals—despite the additional strain they are expected to face due to the Renters’ Rights Bill.

The Bill’s abolition of Section 21 ‘no-fault’ evictions will force landlords to use Section 8 notices to regain possession of their properties, requiring a court ruling unless the tenant vacates voluntarily. The proposed end of fixed-term tenancies and mandatory Section 13 notices for rent increases are also expected to further burden the courts and tribunals.

A recent Freedom of Information (FOI) request by Reapit revealed that the government does not track how many rent increase cases tribunals currently handle or their outcomes. The impact of similar tenancy reforms in Scotland suggests that England’s tribunal system could face up to 1.3 million market rent cases annually if all tenants subject to rent increases choose to challenge them.

The government’s own impact assessment acknowledges longstanding issues with civil court delays, particularly for landlords seeking possession orders. Yet, key evaluations such as the Justice Impact Test and New Burdens Assessment for the Renters’ Rights Bill remain unpublished. This leaves crucial questions unanswered about how the government plans to resource the courts and tribunals ahead of the Bill becoming law later this year.

Industry Concerns Over Delays and Resourcing

Neil Cobbold, Commercial Director at Reapit, commented:

“It’s encouraging to see investment in criminal courts, but civil courts and tribunals need more capacity too. Landlords, tenants, and agents require access to swift, fair resolutions—especially given the expected rise in cases from the Renters’ Rights Bill. Without increased funding and capacity, we risk long delays, uncertainty, and a backlog that will negatively impact tenants, landlords, and agents alike.

“Additionally, the government has yet to publish a Justice Impact Test or New Burdens Assessment for the Renters’ Rights Bill—two crucial reports outlining the additional strain on the courts and the funding required to manage it. Without these assessments, there’s a real risk that the extra costs will be left out of the upcoming Spending Review, potentially delaying essential resourcing for councils and tribunals.”

What Happens Next?

With the Renters’ Rights Bill moving closer to becoming law, industry stakeholders are calling on the government to address these gaps in planning and funding. Without adequate preparation, the reforms may lead to a slow and inefficient system, frustrating both landlords and tenants. The publication of key impact assessments and clear commitments to increasing civil court resources will be crucial in ensuring that the changes deliver their intended benefits without unnecessary delays.