A senior Conservative figure has warned that the Renters Rights Act (RRA) risks becoming a well-intentioned reform that ultimately fails—unless the government delays its implementation to address severe court capacity issues.

With the abolition of Section 21 at the heart of the legislation, concerns are growing across the private rented sector that the court system is simply not ready to cope.

Conservative Lawyer Warns of Serious Risks
Jonathan Hulley, a Surrey councillor, former parliamentary candidate, and social housing lawyer, has publicly called on the government to delay the Renters Rights Act by at least 12 months beyond its currently planned implementation date of May 2026.
Writing on the Conservative Home website, Hulley argues that the legislation—while rooted in good intentions—could collapse under its own weight if introduced without first fixing long-standing problems in the civil court system.

''Section 21 Abolition Will Increase Court Pressure''

One of the most significant changes under the Renters Rights Act is the scrapping of Section 21, the so-called “no-fault” eviction process.
Hulley describes Section 21 as an eviction route that is often exercised “on paper,” allowing landlords to regain possession without lengthy court hearings. Once removed, every possession case will require full court involvement.

He warns:
“The civil courts, already under pressure, are expected to handle an even greater volume of complex and contested cases.”
According to Hulley, the average possession claim already takes over 30 weeks to resolve. With the RRA introducing additional hearings, stricter evidence requirements, and expanded tenant rights to challenge decisions, this timeline could stretch even further.

''Courts Not Ready for Renters Rights Act''

Despite government assurances around “court readiness,” Hulley says current systems remain antiquated and understaffed, with judges and legal professionals already raising red flags.

He adds:
“Lawyers and judges have warned that unless investment in improving court processes and staffing is increased, the system could collapse under its own weight.”
Without urgent reform, landlords may find themselves unable to regain possession even in legitimate cases involving rent arrears, antisocial behaviour, or property sale, creating uncertainty across the rental market.

Call for Phased Implementation or Delay
If the government refuses to delay the Renters Rights Act entirely, Hulley argues that staged implementation would at least give private landlords time to prepare and adapt.
This is particularly important for small landlords, who make up a significant proportion of the UK’s private rented sector and often lack the resources to absorb prolonged legal delays.

Deeper Consequences for the Private Rented Sector
Beyond court delays, Hulley warns of wider structural damage to the rental market if the legislation is rushed through.

He cautions:
“Many small landlords… may decide to exit the sector altogether. The result will be fewer rental properties and higher rents for those who stay.”
Even more concerning, he suggests that excessive regulation could recreate conditions last seen in the 1970s, when heavy controls pushed much of the private rental market underground, reducing standards rather than improving them.

A Warning the Government Cannot Ignore
Hulley concludes that for the Renters Rights Act to succeed, ministers must return to first principles:
- Protect vulnerable tenants
- Support responsible landlords
- Ensure courts are properly resourced and functional

And crucially:
“They must also delay the implementation of the new Act by at least 12 months to allow the public and private rented sectors time to prepare.''
Anything less will leave the country with a rented sector that promises fairness but results in frustration.”

Can we rely on a Government 'U' Turn? I very much doubt it but it wouldn't be the first time it has happened so perhaps there is hope!

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