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Court funding concerns raised ahead of Section 21 abolition

The Law Society of England and Wales has urged the government to increase investment in the court system as private landlord repossessions rise ahead of the abolition of Section 21 evictions.

Ministry of Justice figures show that repossessions by private landlords increased by 3% compared to the same period last year, continuing an upward trend. The data comes ahead of the planned abolition of Section 21 evictions in England on 1 May 2026.

Expected impact on court system

The change is anticipated to shift more cases into the courts and result in a higher volume of contested possession claims. Legal professionals have warned that without additional funding, the courts may struggle to handle the increased caseload.

Barking and Dagenham recorded the highest number of private landlord repossession claims in London, with 878 per 100,000 households.

Law Society president Mark Evans stated: “To ensure a level playing field between landlords and tenants and maintain confidence in the justice system, the government must ensure courts are properly funded to handle the expected rise in contested hearings.”

He added: “The end of no fault [Section 21] evictions in England is one of the biggest changes in the private rented sector in decades. However, without appropriate funding, additional delays and backlogs in the courts will be unavoidable and will mean that justice will not be available to all.”

Wales and England court system

Evans noted that although most provisions in the Renters’ Rights Act only apply to England, rising case volumes will impact the entire system. He called for investment across both Welsh and English courts.

The Law Society has emphasised that the courts should prepare for the changes before backlogs begin to grow. Next year’s data will show how the Renters’ Rights Act affects the overall repossession statistics and the housing system.

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