The National Residential Landlords Association (NRLA) has urged the Government to reform the court system to reduce the time it takes for landlords to evict tenants.
The NRLA says the current delays are unfair to landlords and could discourage them from providing private rented accommodation.
According to the latest data from the Ministry of Justice (MOJ), landlords must wait an average of nearly 29 weeks - that's more than half a year - to regain possession of their properties after making a valid claim to the courts.
The data also shows that landlords have to wait more than 11 weeks to obtain a court order to evict tenants after filing a repossession claim.
Will not abolish Section 21 'no-fault' evictions
The Government has announced that it will not abolish Section 21 'no-fault' evictions until the court backlog has been dealt with and the court process reformed.
However, the homeless charity Shelter has criticised this decision, saying that there is no excuse for delaying the abolition of Section 21 and that 'no-fault' evictions are a major cause of homelessness.
The NRLA argues that the court delays are too long, especially when tenants are engaging in anti-social behaviour or not paying their rent.
The NRLA also says that the Renters (Reform) Bill will not work unless the court system is reformed by the government.
Lack of progress on court reform
The NRLA’s chief executive, Ben Beadle, gave evidence to the MPs on the Renters (Reform) Bill committee and expressed his frustration over the lack of progress on court reform.
He said: "We've been very clear that responsible landlords need to be able to have alternative grounds they can rely on, and they need to have confidence in the system which underpins it."
Mr Beadle called for a clear commitment on how long possession cases will be processed and asked for more details on the Government's proposed digitalised system for handling cases.
He also expressed the need for significant investment in staff levels in courts.
Mechanism for processing legitimate possession cases
Mr Beadle says that abolishing section 21 without having another system to deal with legitimate possession cases, then it will be tenants that suffer should landlords leave the sector as a result.
He said the Bill must have the fair balance for landlords and tenants if the government’s aims for the private rented sector (PRS) are to succeed.
After giving his evidence, Mr Beadle said: "The sector faces its most dramatic legislative upheaval in decades and, as a result, landlords need to have confidence that the Renters (Reform) Bill's proposed changes will allow them to continue to deliver high-quality private rented accommodation.
"With the market continuing to face widespread instability, the Government simply can't afford to ignore the need for court reform."
Delays in the court process before Section 21
The issue of court reform was also raised by Theresa Villiers MP, who warned about the need to address delays in the court process before Section 21 can be abolished when speaking in the King's Speech debate in Parliament.
She told MPs that the rights of responsible landlords should be protected because of their ‘crucial role as housing providers'.
Ms Villiers pointed to the concerns of Paul Shamplina, the creator of Landlord Action, and his campaign for court reform in the housing sector.
Bailiff applications have taken six months
She said: "He has told me of three bailiff applications with Willesden court that have taken six months to be issued.
"In Swindon, it took three months to send a notice of issue for a basic N5B claim, and Central London county court took seven months to appoint a bailiff and grant transfer to the High Court for enforcement.
"Other constituents have told me about bailiff delays in removing tenants who have not paid rent for many months."
Mr Shamplina said: "I am grateful to Theresa Villiers for her efforts to bring these issues to the forefront of the government's attention.
"We fully support her call for a swift resolution to court delays, ensuring that the Renters (Reform) Bill can achieve its intended goals while preserving the vitality of the rental sector."
‘Losing section 21 without a process in place’
Simon Thompson, the managing director of Accommodation for Students, said: "The prospect of losing section 21 without a process in place to possess a property will cause an issue.
"As Mr Beadle highlights, there will be lots of landlords contemplating whether they should remain in the private rented sector if they can't get possession.
"And that will see them selling up and moving out of the PRS - and it's unlikely that their property will be sold to another landlord."
He added: "That means that tenants will lose out because there will be fewer homes and more competition which will push rents up even further."
