Government withholds court and tribunal impact of Renters’ Rights Bill

Departments proposing changes with a potential court impact are required to complete a form to enable assessments – in this case, the Ministry of Housing, Communities and Local Government (MHCLG) – and submit it to the Ministry of Justice. This document is vital for gathering estimates on the projected volume of court and tribunal cases, as well as any changes to legal aid resulting from the proposed legislation.

In a letter to Reapit, Baroness Taylor, Parliamentary Under-Secretary of State at the Ministry of Housing, Communities and Local Government declined, informing us that “Justice Impact Assessments are internal government documents which are not routinely published, and therefore I should note that we will not be able to share them with you.”

The minister explained that MHCLG is “working closely with the Ministry of Justice and HM Courts and Tribunal services to agree how these reforms are implemented, ensuring the courts and tribunals will have the resources they need to adjust to any changes in caseloads.”
In addition, Baroness Taylor said: “In the longer term, we expect our reforms to reduce the volume of court possession claims, as only those cases where there is a clear, well-evidenced ground for possession will be able to proceed.”
However, Reapit believes there is a clear public interest in this information being published for wider scrutiny. 

Dr Neil Cobbold, Commercial Director at Reapit UKI, said: “The government’s decision not to share the Renters’ Rights Bill Justice Impact Test raises serious questions about transparency and accountability. The estimate of changes in the number of court and tribunal cases is a vital tool for understanding how the legislation will affect the property sector – including case volumes – and whether the justice infrastructure is in place to support the change.

With limited time left for parliamentarians to scrutinise the Bill, the refusal to publish this information will stifle meaningful debate. Landlords, tenants, letting agents and legal professionals all need clarity to assess how the Renters’ Rights Bill will impact their operations and access to justice.”