Government consulting on specialist Housing Court

Communities secretary James Brokenshire has unveiled proposals to provide greater access to justice for both landlords and tenants through the introduction of a specialist Housing Court. The court would provide “a single path of redress in property cases”, according to the government’s announcement of a consultation on the proposals, which will run until 22 January 2019. According to the consultation documents, changes to streamline court processes could also provide confidence for landlords to offer longer, more secure tenancies. Brokenshire said: “The proposals announced today will help ensure both tenants and landlords can access justice when they need it – creating a fair housing market that works for everyone. “This is part of the £1bn reform programme to build a justice system that is fair, straightforward and accessible to all. It also builds upon comprehensive government action to rebalance the relationship between tenant and landlord.” Kane Kirkbride, partner at law firm TLT, welcomed the proposals in principle. She said: “Today’s announcement of a potential new Housing Court comes at exactly the right time, building as it does on the back of the recent government announcement of increased spending in the sector. “If the government is prepared to be bold and take a radical look at how the court could be set up, it could deliver a substantial improvement in the court services available for landlords and tenants.” Potential to reduce delays She said the scheme has the potential to streamline the different avenues that parties have to resolve court issues, which currently involve county courts, the High Court and various tribunals, as well as addressing one of the problems that most vexes housing lawyers: delays and the time it takes to get cases to court. She added: “Specialist judges who are allocated a case at the outset and stick with it could speed up the process considerably and give greater confidence to both parties that they are being given a fair hearing by someone who knows their case.” She called on the judiciary to “look beyond the traditional pool of talent” when recruiting potential specialist judges, adding: “It should look for a greater involvement of not only housing solicitors – acting for tenants as much as landlords – but also other housing professionals such as senior professionals in the housing sector – both in landlords’ and tenants’ organisations – and to housing academics. This will imbue the new court with more direct housing experience at the coalface and a more practical and effective way of resolving cases than has traditionally been the case in my view.”   Read full details of the consultation on the government website >>    To send feedback, e-mail jess.harrold@egi.co.uk or tweet @estatesgazette