The government is facing mounting criticism for refusing to release its internal Justice Impact Test for the Renters’ Rights Bill, which campaigners believe will expose serious weaknesses in the UK’s court system once Section 21 evictions are abolished. PropTech firm Reapit, which has been leading calls for transparency, argues that landlords and letting agents are being left in the dark about the likely strain on already overstretched County Courts.
Reapit initially requested the report directly from government departments but was turned down. It then filed a Freedom of Information (FOI) request, which was also rejected — despite confirmation from the Ministry of Housing, Communities and Local Government (MHCLG) that the information exists.
Instead, the department cited a provision of the FOI Act that allows it to withhold documents relating to ongoing policy formulation, arguing that publication could have a “chilling effect” on internal discussions.
Justice system already overstretched, warn experts
The row comes just weeks after the House of Commons Justice Committee published a damning report highlighting the fragile state of the UK’s civil courts. The committee found “unacceptable and increasing delays across nearly all types of claims”, including the very County Courts where eviction proceedings are typically handled.
This is deeply concerning to letting professionals and landlords alike, who fear the abolition of Section 21 will funnel thousands more possession cases into an already sluggish system, increasing costs and uncertainty.
“At this point, there is a clear public interest in understanding how the justice system is expected to respond to the changes,” said Dr Neil Cobbold, Commercial Director at Reapit UKI. “This is critical in light of the Justice Committee’s recent report showing increasing delays for those seeking justice through the County Courts.”
He added, “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.”
Landlords risk being blindsided by implementation chaos
The Renters’ Rights Bill — currently progressing through Parliament — promises to transform the private rented sector. Yet many landlords warn that without proper safeguards and court reform, the changes could backfire.
Under the Bill, Section 21 “no fault” evictions will be scrapped, meaning all possession cases will have to go through Section 8, which is reliant on the court system to assess grounds for eviction. But with court delays already common, landlords fear months of waiting and rising legal costs when trying to regain possession of their own properties.
“We recognise the government’s need for a ‘safe space’ during the early stages of policy development,” Cobbold acknowledged. “However… the focus is shifting towards final amendments and implementation.”
In other words, the time for secrecy has passed.
Industry demands transparency and readiness for reform
Reapit has now appealed the FOI decision and is urging the government to publish the full Justice Impact Test before the Renters’ Rights Bill reaches its final stages. Meanwhile, landlords are left to speculate on how much heavier the judicial burden will become — and how best to prepare.
Cobbold said Reapit is already working closely with agents and landlords:
“From updating workflows and compliance tools to providing guidance and resources to support a smooth transition… we’re helping ensure everyone affected is ready when the Renters’ Rights Bill comes into force.”
For landlords, the message is clear: they’re not opposed to sensible reform, but they expect fair warning and a functioning court system in return. Without transparency on the real-world impact of these legislative changes, confidence will continue to erode — and many may opt to exit the sector entirely.
What’s at stake here isn’t just legal process — it’s trust. And right now, landlords are still waiting for answers.
