County court underinvestment harming access to justice for landlords and tenants

A survey by the Property Litigation Association has revealed the real impact of underinvestment in the county court system on businesses and landlords. Headline findings from the PLA’s extensive survey of property litigation lawyers across the country include: 86% of respondents described their current perception of the county court as “poor” or “very poor”, with 43% offering the most damning verdict. Only 4% described it as “good”, with none responding “very good”. Nearly all respondents (98%) experienced difficulties contacting the court by telephone following the removal of counter services at the courts and the switch to a centralised call centre. 98% of respondents have experienced county court delays with issuing or processing claims, applications and court orders or delays in applications being heard. These delays result in confusion, uncertainty and wasted costs. Almost half of respondents (43%) reported litigants “giving up” on litigation in the county court, or threatening to do so, as a result. While many respondents recognised that the quality of individual judges and court staff was often good, the survey highlights how funding and staff cuts are hampering the ability of businesses to chase debts and renew leases, and, in some instances, hampering development. Paul Tonkin, chair of the PLA’s Law Reform Committee and partner at Hogan Lovells International LLP, said: “Anyone with recent experience of both opposed and unopposed lease renewals will know just how long it can take to progress these matters through the county courts. “Not only does this create uncertainty for landlords and tenants but, in the case of opposed renewals, court delays can hold up much-needed development.” Lauren King, member of the committee and a senior knowledge lawyer at BCLP LLP added: “The PLA’s survey results clearly illustrated the country-wide perception that the county court system is under-resourced, under-staffed, and in desperate need of modernisation and investment.  “Property owners and occupiers are disillusioned and frustrated with the delays, inaccessibility and inefficiency of the court system. Access to an effective, reliable civil justice system to enable parties to enforce their property rights is crucial to promote confidence in the property market and can also act as an effective deterrent to ensure compliance with legal obligations in the first place.” See more: At breaking point: county courts in crisis According to the PLA, cuts in the Ministry of Justice budget of more than 25% since 2010, coupled with court closures, have put huge pressure on administrative staff, with not enough resources available to process the volume of paperwork for cases.  A lack of on-the-ground staff is making it harder for those bringing cases to court to obtain information and get paperwork processed efficiently. The result is delays to court hearings and case administration, uncertainty and added costs for those going through the justice process. The government has already recognised the need to reform the court system, with the parliamentary justice committee having established an inquiry into the issues in late 2023. However, the PLA warns that, given the government’s recent commitment to push through its ban on no-fault evictions, which will add considerable further strain to the court system, it is very clear that without very significant additional investment to boost staffing levels, the situation will only get worse.