Frequently Asked Questions

Housing law is complicated and that is not going to change as a result of the Renters Reform bill. The current court system is overwhelmed and not coping but if that were not a good enough reason a specialist housing court would be able to provide a conciliation service to try to keep cases out of court.

Conciliation is a court appointed form of mediation, with guidance on key legal points, and with delegated powers to try to bring parties together. Among other functions it could assist tenants with disrepair, landlords with arrears and try to bring parties together to arrive at binding legal agreements.

In fact it will do the opposite. Because we believe many key issues such as disrepair or arrears are best tackled earlier on before parties become entrenched, agreed settlements can reduce the number of cases that need to go to a full court hearing.

By advising tenants and ensuring benefits for example are claimed and other measures taken, as well as misinformed beliefs tackled before arrears build, there is a much better chance of avoiding eviction. A referral could be made to a judge for orders such as direct payment of benefit to tenants. Both landlords and tenants would benefit.

Skilled conciliators could act as an independent advisor for landlords, giving accurate information about their obligations as well as offer practical advice. One common solution might be an order that a survey to be carried out by a specialist surveyor, using a court provided form. Advice would be binding on both landlords and tenants.

One of the most contentious issues to tackle, but a specialist housing court could order acceptable behaviour contracts, with penalties for non compliance, up to and including eviction, but with opportunities for tenants to get back on track. We think a points system, a bit like with a driving licence, could ensure repeat offenders, or those committing criminal offences loose their tenancy, but prevent evictions for tenants who have made less serious breaches of their tenancy agreement, while providing reassurance for landlords, neighbours and others.

In fact, section 21 is only used in about a third of evictions now (far less common than arrears, for example) and often used as the only viable way of tackling anti social behaviour. Post Section 21 evictions will still happen but all cases will be open to defence. While this is a good thing they will take more court time, introducing many more potential delays. Using a specialist housing court and conciliation service is a much better way of reducing evictions.

Nobody will be obliged to conciliate and there will always be cases that require a full court hearing. In those cases the matter should be listed for a hearing without delay. The judge should be advised of which parties has refused conciliation and any reasons given (some of which may be perfectly acceptable).

Absolutely not. We actually think more conciliation cases will be initiated by tenants, particularly where they have concerns about disrepair or are struggling to pay rent. But whichever party starts the case, early conciliation always represents the best chance for a positive outcome.

In a word, no. Conciliation runs alongside a case being listed for a hearing but does not replace it. It is a window of opportunity, not an endless process.

We would see a specialist housing advice website with self help documents (such as income and expenses forms and access to the disrepair protocol) as well as advice on common issues and a “start a claim” form as being a great way of getting access. Northern Ireland already have like this, as does British Colombia in Canada, to name but a few.

Scotland has a specialist housing court, but another comparison is the Employment Tribunals, which have been running for nearly 60 years as a specialist employment court. They are supported by ACAS, the arbitration, conciliation and advisory service. ACAS have an impressive record, settling around 70% of claims without the need for a hearing. Of course there are many differences but it is a great starting point.

It is the most common argument against a specialist housing court, but evictions are expensive to landlords, as is rent arrears. Lost rent is lost tax, but the key saving will be in reducing the need for emergency accommodation, an ever increasing cost for local authorities?

Causes of evictions and rent arrears are poorly understood, with an appalling lack of research and statistical evidence. Over time, a specialist housing court could compile data, look for common themes, learn which strategies work and provide evidence based impartial advice to policy makers, as well as supporting landlords and tenants.

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