Renters’ Rights Act risks court delays without funding

The Renters’ Rights Act aims to give tenants and landlords clearer paths to resolve disputes, but concerns are growing that it could strain an already overburdened court system. Mark Evans, president of the Law Society of England and Wales, warns that without additional funding, the law’s promise of fairer housing protections may instead lead to longer delays and unresolved cases.

Ending “no fault” evictions, a key part of the new legislation, is expected to increase the number of contested repossession cases. Courts, already grappling with backlogs from the pandemic, may struggle to process the rise in disputes. Hillingdon Law Centre, which helped tenants challenge evictions, closed earlier this year, leaving gaps in legal support for vulnerable renters.

Legal aid for housing disputes remains limited. While the UK government last year announced plans to raise fees paid to legal aid firms, those changes have not yet taken effect. In the meantime, firms continue to shut down, creating areas where legal help is scarce. Evans says this lack of resources risks leaving people “in limbo” as cases drag on.

“Safe and stable housing is a right,” Evans said. “But if the act doesn’t have the funding to ensure justice is accessible, it will fail both renters and landlords.” The Law Society has called for immediate investment in court capacity and legal aid to prevent the law from becoming another bottleneck in the system.

The government has not yet responded to the warnings. Some legal experts argue that the Act’s benefits—such as banning arbitrary evictions—will be offset if courts cannot handle the influx of cases. One estimate suggests contested repossession claims could rise by 20% within two years.

Meanwhile, the closure of Hillingdon Law Centre highlights the broader challenge: legal aid deserts are spreading. A small office on the edge of London, the center once handled hundreds of eviction cases annually. Its shutdown left hundreds of tenants without immediate legal help, forcing some to navigate the system alone.

Funding for legal aid has remained stagnant for years. Even with the recent pledge to raise fees, many firms say they cannot afford to wait for changes. “We’re closing because we can’t keep operating,” said one lawyer, who requested anonymity. “There’s no money, no support, and no end in sight.”

The Law Society’s call for investment comes as courts face pressure from multiple fronts. Immigration cases, family law disputes, and housing claims all compete for limited resources. Evans argues that neglecting the court system risks undermining the very protections the Renters’ Rights Act seeks to provide.

Without action, critics say the law could become a symbol of unmet promises. “Justice can’t be delayed,” Evans said. “If we don’t fund this, we’ll see more people left without homes—and more cases stuck in limbo.”