Reapit appeals decision. 

The government has again declined to publish its Justice Impact Test for the Renters' Rights Bill, this time in response to a Freedom of Information request, citing the need to preserve a “safe space” for policy discussions, even as the legislation nears its final stages in Parliament. This comes as the House of Commons Justice Committee published its report into the current state of the County Courts, concluding that it faces “unacceptable and increasing delays across nearly all types of claims”.

Reapit, a leading technology provider to the property sector, submitted an FOI request to access the department's Justice Impact Test and related assessments, after Baroness Taylor, Parliamentary Under-Secretary of State at the Ministry of Housing, Communities and Local Government, declined to share them in official correspondence with Reapit. These legislatively mandated documents are designed to estimate how new legislation will affect the courts, tribunals and legal aid system, including expected case volumes and resource requirements.

In its response, the Ministry of Housing, Communities and Local Government (MHCLG) confirmed it holds the information but is withholding it under another provision of the Freedom of Information Act (Section 35(1)(a)), which protects the formulation of government policy. The Department explained that releasing the data could create a “chilling effect” on policy development and that “on balance, it is not in the public interest to disclose this information at this time”.

However, the Bill is now in its final stages of parliamentary scrutiny. With expectations that it will become law this year, industry focus is shifting towards readiness. 

As a result, the public, particularly landlords, tenants, and letting agents, require clarity on the readiness of the County Courts, Tribunals and wider justice system to enforce the changes introduced by the Bill. These include the removal of Section 21, changes to market rent determination tribunals, and a potential rise in court action over pet damage.

Reapit has appealed the decision by the Ministry of Housing, Communities and Local Government not to publish the court and tribunal estimates and awaits the outcome of this process.

Separately, the House of Commons Justice Committee recently published its current assessment of the County Courts, where most eviction cases will be heard. The report highlights ongoing issues including staff retention, capacity, and states that the “absence of comprehensive data limits the Ministry of Justice's (MoJ) ability to adequately understand the scale of the impact or evaluate the performance of current interventions”.

Dr Neil Cobbold, Commercial Director at Reapit UKI, said: “We recognise the government's need for a 'safe space' during the early stages of policy development. However, with the Renters' Rights Bill clearing the Report Stage in the House of Lords, the focus is shifting towards final amendments and implementation. At this point, there is a clear public interest in understanding how the justice system is expected to respond to the changes. This is critical in light of the Justice Committee's recent report showing increasing delays for those seeking justice through the County Courts, which is where most eviction cases will be ruled on.

“Landlords, tenants, and letting agents are already preparing for what the Bill will mean in practice. Publishing the Justice Impact Test would provide much-needed clarity and help ensure that everyone affected is ready for the transition.

“At Reapit, we are already working closely with our customers and partners to help them prepare – from updating workflows and compliance tools to providing guidance and resources to support a smooth transition when the Renters' Rights Bill comes into force. For letting agents, choosing the right tech partner to help their landlords maintain confidence in the private rented sector will be among the most important decisions they make in 2025.”