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Court Backlog Could Cripple the Private Rented Sector

Reports suggest both the Housing Secretary and Justice Secretary have raised concerns with Labour leader Sir Keir Starmer regarding the potential fallout from expected spending cuts in the upcoming Budget.

According to the BBC, Deputy Prime Minister Angela Rayner and Shadow Chancellor Shabana Mahmood have written to Starmer after revelations surfaced about a £40 billion fiscal gap that will likely be addressed through a combination of tax hikes and deep expenditure reductions.

Cuts could reach as high as 20% in some departments, the broadcaster reported.

Justice and policing commentator Danny Shaw, a former advisor to Home Secretary Yvette Cooper, warned that such significant cuts would be “devastating” for the criminal justice system. “It would completely cripple key areas such as courts, probation, prisons, and legal aid,” Shaw said. He also noted that crown courts are already facing a backlog of approximately 68,000 cases, a crisis that would be exacerbated by further budget reductions.

The Chancellor submitted the final draft of her budget measures to the Office for Budget Responsibility earlier this week. As Labour prepares to announce its fiscal strategy, concerns are mounting across various sectors over the potential consequences of these cuts.

In particular, warnings have been repeatedly issued regarding court delays, especially in light of Labour’s pledge to abolish Section 21 ‘no-fault’ eviction powers, which are widely seen as a necessary protection for tenants.

Ian Fletcher, policy director of the British Property Federation, highlighted the urgency of the situation in a column for Landlord Today. Fletcher explained that possession claims, already notorious for delays, could take over a year to be processed in some areas. “Access to the courts is crucial for private and social landlords alike, as well as tenants,” he stressed.

While the government’s commitment to digitalising the justice system has been welcomed, Fletcher expressed doubt that these reforms would come soon enough to alleviate the pressure. “If the courts are to manage the increased volume of possession cases, they will need more resources and staffing, particularly in roles like bailiffs,” Fletcher wrote, calling for more decisive action from the government.

“If I were a landlord, I would be writing to my local MP, urging them to voice these concerns and seek assurances,” Fletcher concluded, reflecting widespread scepticism after years of inaction.

As the Budget looms, the full scale of the impact remains to be seen, but ministers and sector experts alike are bracing for challenging times ahead.

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