Anyone relying on the Court system, particularly in recent years, will be familiar with delays in the process. This can be incredibly frustrating and can have financial and practical implications for those depending on Court intervention.
As Lawyers, part of our role is to manage clients’ expectations. This includes advising on timescales for the various options available. Any time estimation will inevitably include Court delays, which are currently running at around a year, sometimes more, for a case to be heard. This is, understandably, exasperating for claimants with an already pressing matter. Despite our best efforts, there is little we can do to reduce waiting time, nor move our clients to the front of the queue, but we can use the time to secure the best possible results.
What’s causing the delays?
There are several factors currently affecting waiting times for a Hearing, the most obvious of which is capacity. Put simply, there are more cases going through the system than Court time available. When allocating time, the Courts factor in last-minute settlements, adjournments, and application withdrawals, meaning staff are juggling an ever-changing timetable.
Overwhelming demand on the Courts is compounded by the time taken up by more complex cases, as well as limited availability of Judges, and varies significantly by region. Compounding the issue is that many of the Courts are experiencing staff shortages, adding further delay to processing paperwork and listing a Hearing.
What’s the solution?
The Renters Reform Bill, currently making its way through parliament, promises the biggest shake up of the Rented Sector for 30 years. The government had also pledged an overhaul of the Court system; recognising its inability to cope with existing demand. However, the recent General Election announcement brings a degree of uncertainty as to the road ahead for legislative change in the Rented Sector.
Until we see improvements, Court delays are somewhat inevitable, but there are ways to mitigate lost time. In summary these are:
- Check your documents
- Get specialist advice
- Know your timescales
- Check legal compliance
- Maximise chances of success
Before issuing proceedings, it is essential to undertake a full document review. This includes the Tenancy Agreement (and related documents), supporting evidence, and any correspondence between parties. Investing in expert help at this stage could pick up any issues that may be problematic further down the line.
As most landlords and agents are aware, there are also strict timings that must be adhered to when serving notices. Lettings law is something of a minefield, with many pieces of legislation to sift through. The saying to keep in mind here is, ‘You don’t know what you don’t know’.
We have, unfortunately, seen many cases where clients have overlooked a mandatory step or made a simple mistake. The result has been time wasted waiting for Court, only for the case to be dismissed.
While we must, for now, accept inevitable delays in the process, enlisting specialist legal advice will give you the best chance of success when you finally get your ‘day in Court’. You will then have a realistic view of the outcome, based on an honest assessment of your case, and the opportunity to act beforehand to improve your chances.
