The Call for Evidence was launched in November and has been seeking views on whether a Housing Court would benefit landlords, tenants and the industry.
The proposed Housing Court would deal with property-related disputes, including those regarding property repossessions and sub-standard rental housing. It would replace the current system which requires consumers to pursue their cases through the County Courts, Magistrates’ Court, High Court or First Tier Tribunal.
Easier property possession for landlords?
One of the key criticisms of the existing system is that it can be challenging for landlords to regain possession of their property when tenants are failing to pay rent.
Landlord trade bodies have suggested that this is a barrier to long-term tenancies being offered by landlords - something which the government is keen to introduce as a three-year minimum industry standard. Official figures estimate that the average time taken between a private landlord's County Court claim to possession by a bailiff is over 16 weeks.
Neil Cobbold, chief operating officer of PayProp UK, says: "A dedicated housing court could make it easier and quicker for landlords to regain possession of a property via the legal system. What's more, a simplified system could also make the process easier for landlords to navigate without costly professional legal support."
Helping to challenge unlawful landlords
Another aim of the Call for Evidence is to determine whether a Housing Court would make it easier for tenants to seek justice against landlords providing unlawful accommodation.
Cobbold explains: "Many renters may not be fully aware of the current course of action they need to take to pursue a dispute with their landlord through the courts. A Housing Court could be more accessible and provide people with a single route for redress. The government has previously pledged to ensure all landlords are part of an approved redress scheme.
While this legislation is yet to be introduced, a Housing Court could provide tenants with greater protection and opportunity to challenge potentially criminal landlords."
Simple redress can be more effective
A dedicated Housing Court could provide a range of benefits for letting agents if disputes between landlords and tenants are resolved quicker.
It could also tie in effectively with the government's ongoing plans to introduce a single housing ombudsman for the property sector.
Cobbold concludes: "A less complicated redress system which is solely designed to deal with housing disputes is in the interests of everyone in the industry. We now await the results of the Call for Evidence and the subsequent government suggestions and analysis."
