Recent Ministry of Justice figures show that landlords are waiting longer than ever for court possession cases to be resolved – raising concerns about what may happen once the Renters’ Rights Bill becomes law.
Current Court Backlogs
- In the second quarter of this year, private landlords waited an average of 33.8 weeks (almost 8 months) to regain possession of their properties through the courts.
- This is up from 32.5 weeks in the previous quarter.
- The delays are the longest since early 2022, when average waits peaked at 37.8 weeks.
- Notably, these extended waiting times are occurring despite an overall 9% drop in possession claims across both the private and social rented sectors.
Why This Matters for Landlords
At present, many landlords use Section 21 notices to regain possession because they are quicker and do not require a court hearing, even if there are legitimate grounds such as rent arrears or anti-social behaviour.
However, the Renters’ Rights Bill, expected to receive Royal Assent this autumn, will abolish Section 21. Once this happens:
- All evictions will need to rely on specific legal grounds (a reformed Section 8 system).
- Tenants will have the right to challenge these grounds.
- Most cases will require a court hearing to decide and enforce possession.
This shift is likely to put significant extra pressure on an already stretched court system.
Key Concerns for the Sector
- Extended delays could leave landlords unable to deal quickly with serious rent arrears or anti-social behaviour.
- Neighbourhood impacts may worsen if anti-social behaviour cases cannot be resolved promptly.
- Confidence in the rental market could be undermined if landlords feel they cannot recover possession within a reasonable timeframe.
What Needs to Happen
To support the smooth introduction of the Bill, the sector is calling for:
- A fully funded plan to make the courts more efficient and able to handle increased demand.
- Clear timelines so landlords know what to expect when using possession grounds.
- Assurance that possession cases based on serious issues – such as rent arrears or anti-social behaviour – can be processed quickly to protect communities.