Mary-Anne Bowring 23/01/2024
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The Success of a Housing Court in Scotland
Scotland has already implemented a housing court system, allowing landlords to take swift and efficient action against problem tenants. With increasing legal challenges in the private rental sector, could the rest of the UK benefit from a similar approach?
Landlords Support the Creation of a Housing Court
A survey by the Residential Landlords Association (RLA) found that nearly 4 out of 5 landlords who have used the courts for repossession are dissatisfied with how they operate. Additionally, an overwhelming 91% of landlords support the introduction of a dedicated housing court.
The Impact of Section 21 Repeal on the Court System
We have been campaigning for the retention of Section 21, which allows landlords to regain possession of their properties without needing to prove fault. If the Government abolishes it, the already overwhelmed court system will struggle even more. The process of repossessing a property already takes months, and delays will likely worsen without significant reform.
The Court System Fails Both Landlords and Tenants
It’s not just landlords who are frustrated. A report by Citizens Advice found that tenants also avoid taking legal action against landlords due to the lengthy and complicated process. More than half of tenants surveyed felt the system was too slow, preventing them from holding landlords accountable for property issues.
How Do We Solve the Problem?
The current legal framework discourages both landlords and tenants from seeking justice. As a result, many tenants remain in poorly maintained homes, while landlords face difficulties removing problematic tenants.
A Properly Funded Housing Court Is the Answer
A well-funded, specialist housing court could be the solution. The RLA has stated that if Section 21 is removed, “significant and bold” reforms are essential for the court system. Improving the legal process would benefit both landlords and tenants—but we believe Section 21 should remain in place to ensure balance and fairness in the rental market.!
Meet our Expert Property Commentators
Mary-Anne Bowring FTPI FRICS FARLA FCABE Founder/Head of Asset Management
Strategic partnerships, holistic delivery/ opportunities, growth, value engineering, thought leadership
Ian Barber MD BTR Mobilisation & Leasing
Runs HQ & site lease-up teams. Drives rent pricing, mobilisation, marketing, happy residents!
Jon Curtis MRICS Head of Building Engineering
Chartered Building Surveyor. Lectures on EWS1 & building safety. Runs CapEx programmes.
Kate Robinson MTPI MD Blocks/FM Management (London Region)
Master plan setup, ops and staffing and resident engagement. ISO45001 champion.
Lee Harle Partner Ringley Law
Plot conveyancing. Debt litigation. Group Company Secretary.
Anthony Kingdon MIRPM AssocRICS MD Blocks/FM Management (North Region)
Stakeholder engagement. Mixed tenure specialist. Budget management. Plant audit, PPM compliance.
Chris Georgalis MRICS Head of Commercial Valuation
Chartered Valuer. Rental valuations: retail, leisure. IRR modelling and valuations for secured lending. Compulsory purchase & rent reviews
Nichola Pughe MRICS Head of Residential Valuation
Chartered Valuer. Rental development & mixed use valuations, IRR modelling. Leasehold enfranchisement specialist
Natalie Birmingham Helpdesk Support Manager
Trainer & Helpdesk Manager: people, systems,contractors. ISO45001 supply chain accreditation.
Steve Norman Planning Director
Land due diligence (opportunities & constraints) Has contributed to a number of award winning schemes.
