The government has refused to release a key internal assessment of the Renters’ Rights Bill’s potential impact on the UK’s courts and tribunals system, prompting renewed concerns over transparency in the legislative process.
In a letter to Reapit, a property technology provider, housing minister Baroness Taylor confirmed that the Justice Impact Test related to the Bill would not be made public. The document, which is mandatory for proposed legislation likely to affect the justice system, is designed to assess the projected volume of court and tribunal cases, as well as any anticipated impact on legal aid.
Departments such as the Ministry of Housing, Communities and Local Government (MHCLG), which is sponsoring the Renters’ Rights Bill, are required to complete the assessment and submit it to the Ministry of Justice. The test forms part of internal preparations to ensure that HM Courts and Tribunals Service is adequately resourced to cope with any legislative change.
Baroness Taylor stated that “Justice Impact Assessments are internal government documents which are not routinely published, and therefore I should note that we will not be able to share them with you.” She added that MHCLG is “working closely with the Ministry of Justice and HM Courts and Tribunal services to agree how these reforms are implemented, ensuring the courts and tribunals will have the resources they need to adjust to any changes in caseloads.”
She also claimed that over time, the Bill’s reforms are expected to reduce the number of possession cases reaching the courts. “Only those cases where there is a clear, well-evidenced ground for possession will be able to proceed,” she said.
However, Reapit has argued that there is a compelling public interest case for publication of the assessment. Dr Neil Cobbold, commercial director at Reapit UKI, said the refusal to release the document “raises serious questions about transparency and accountability”.
“The estimate of changes in the number of court and tribunal cases is a vital tool for understanding how the legislation will affect the property sector – including case volumes – and whether the justice infrastructure is in place to support the change,” he said.
“With limited time left for parliamentarians to scrutinise the Bill, the refusal to publish this information will stifle meaningful debate. Landlords, tenants, letting agents and legal professionals all need clarity to assess how the Renters’ Rights Bill will impact their operations and access to justice.”
