"Landlords, tenants, and letting agents are already preparing for what the Bill will mean in practice. Publishing the Justice Impact Test would provide much-needed clarity and help ensure that everyone affected is ready for the transition"
- Dr Neil Cobbold - Reapit
The government has declined once again to release its Justice Impact Test for the Renters’ Rights Bill, this time responding to a Freedom of Information (FOI) request by citing the need for a “safe space” in policy discussions. This decision comes as the legislation approaches its final stages in Parliament, while the House of Commons Justice Committee reports “unacceptable and increasing delays across nearly all types of claims” in the County Courts.
Property technology provider, Reapit, submitted an FOI request seeking access to the department’s Justice Impact Test and related documents after Baroness Taylor, parliamentary under-secretary of state at the Ministry of Housing, Communities and Local Government (MHCLG), declined to share them in official correspondence. These legislatively required assessments estimate how new laws will impact courts, tribunals, and the legal aid system, including case volumes and resource needs.
The MHCLG confirmed it holds the information but is withholding it under Section 35(1)(a) of the Freedom of Information Act, which protects government policy formulation. The department explained that releasing the data could cause a “chilling effect” on policy development and that “on balance, it is not in the public interest to disclose this information at this time.”
With the Bill nearing final parliamentary approval and expected to become law this year, industry attention is turning to readiness. Landlords, tenants, and letting agents are seeking clarity on the capacity of County Courts, tribunals, and the broader justice system to enforce key changes. These include removing Section 21 eviction notices, modifying market rent determination tribunals, and managing a likely increase in court cases related to pet damage.
Reapit has appealed the government’s decision not to publish the court and tribunal impact estimates and is awaiting the outcome.
Separately, the House of Commons Justice Committee recently issued its report on the County Courts, where most eviction cases are heard. It highlighted persistent problems such as staff retention and capacity shortages, adding that “the absence of comprehensive data limits the Ministry of Justice’s (MoJ) ability to adequately understand the scale of the impact or evaluate the performance of current interventions.”
“We recognise the government’s need for a ‘safe space’ during the early stages of policy development. However, with the Renters’ Rights Bill clearing the Report Stage in the House of Lords, the focus is shifting towards final amendments and implementation," explained Dr Neil Cobbold, commercial director at Reapit UKI (pictured).
He continued, "At this point, there is a clear public interest in understanding how the justice system is expected to respond to the changes. This is critical in light of the Justice Committee’s recent report showing increasing delays for those seeking justice through the County Courts, which is where most eviction cases will be ruled on."
“Landlords, tenants, and letting agents are already preparing for what the Bill will mean in practice. Publishing the Justice Impact Test would provide much-needed clarity and help ensure that everyone affected is ready for the transition."
Cobbold concluded, "At Reapit, we are already working closely with our customers and partners to help them prepare – from updating workflows and compliance tools to providing guidance and resources to support a smooth transition when the Renters’ Rights Bill comes into force. For letting agents, choosing the right tech partner to help their landlords maintain confidence in the private rented sector will be among the most important decisions they make in 2025.”
