The government has no way of tracking how long rent appeal cases take to move through the system, raising fresh concerns that the Renters' Rights Act could overwhelm the Tribunal responsible for deciding tenant rent disputes.
A Freedom of Information response to property lawyer David Smith, a partner at Spector, Constant and Williams, confirms that the Ministry of Justice does not hold basic performance data on the average time taken to consider, process and rule on challenges to rent rises.
The admission lands at a sensitive moment, as ministers prepare to roll out reforms that actively encourage tenants to question proposed rent rises.
No data is 'bizarre'
Mr Smith said: "It is simply bizarre that the government is failing to collect basic data on the performance of the rental appeals Tribunal.
"For all its talk of not wanting the system to be overwhelmed, without measuring the average time taken to process rent cases both now and, in the future, there will be no way of knowing the impact the Renters' Rights Act is actually having and what additional resources are required by the Tribunal to operate effectively."
He added: "If ministers are serious about wanting their reforms to work, they need urgently to measure, and publish in full, baseline data on the performance of the Tribunal now.
"The government should regularly publish this data to ensure everyone can see if, and when, the Tribunal starts to struggle with the anticipated massive increase in rent appeal cases it is asked to consider."
Renters can challenge rises
When the Act is implemented from 1 May next year, every private renter will be entitled to challenge any rent increase they believe sits above local market levels.
However, the only way to know whether an increase crosses that threshold will be to take a case to the Tribunal.
Critics say that the applications will drive a large spike in appeal volumes because tenants can bring a case for free.
The Tribunal cannot rule in favour of a higher rent increase than the landlord initially proposed.
Plus, any increase only applies from the date of the decision rather than when a landlord first set out the revised figure.
That means a disputed rise could be delayed for months.
Tribunal rent powers
The Tribunal will also have the discretion to defer an agreed increase by up to two months to avoid hardship.
Ministers have given themselves the power to allow backdated increases if the Tribunal system becomes overwhelmed.
Even so, they have offered no explanation of how they would define such a scenario and the FoI reply confirms that no baseline metrics exist to guide that judgement.
FoI refused
Concerns over the justice system's readiness have also surfaced after software firm Reapit saw its Freedom of Information request refused.
The company warned that landlords, tenants and letting agents need clarity on whether County Courts, Tribunals and the wider justice system are equipped to handle the sweeping changes within the Act.
Along with determining a rent rise, they will also consider possessions after the abolition of Section 21 and a predicted growth in pet damage claims.
Reapit pointed to the House of Commons Justice Committee's review of the County Courts, which identified staff shortages, capacity limits and ongoing delays.
The firm's commercial director, Dr Neil Cobbold, said: "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 report showing increasing delays for those seeking justice through the County Courts, which is where most eviction cases will be ruled on."
Student accommodation landlords affected
The managing director of Accommodation for Students, Simon Thompson, said: "Student landlords work to tight calendars, and if rent appeals drag on for months, it disrupts everything from budgeting to planning refurbishments and securing future tenants.
"If Tribunals and courts aren't ready, the knock-on effects will move quickly through the sector.”
He added: "It risks creating uncertainty exactly where the government claims it wants to create confidence."
