Landlords in England are experiencing significant delays in court proceedings to regain possession of their properties, with waiting times extending to several weeks. This situation is expected to worsen following the abolition of Section 21 notices in May 2026, as all possession claims will then require a court hearing, potentially leading to a surge in cases and longer delays for landlords seeking to repossess their homes.

Current delays under Section 21 possession claims

At present, landlords can repossess a property without a court hearing by serving a Section 21 notice, often referred to as a “no-fault” eviction. However, if a tenant disputes the claim or if the landlord’s application is incomplete, a court hearing becomes necessary, causing substantial delays in the possession process.

Justice Minister Sarah Sackman recently responded to a written Parliamentary question regarding the backlog of possession claims related to Section 21 notices. She confirmed that while the Section 21 process is designed to be accelerated, landlords can still face waiting periods of several weeks for court hearings if challenges arise.

According to Ministry of Justice statistics from July to September 2025, the median time from claim to possession order is approximately 7.6 weeks. This possession order grants landlords the legal right to repossess their property, but actual repossession often takes longer due to further enforcement procedures.

More detailed figures reveal that the median time from claim to warrant—authorising bailiffs to enforce possession—is 15.3 weeks, an increase from 14 weeks the previous year. The median time from claim to actual repossession has also risen to 27.4 weeks, up from 24.4 weeks.

Implications of the Renters’ Rights Act and Section 21 abolition

The Renters’ Rights Act 2025 will come into effect on 1 May 2026, abolishing the use of Section 21 notices. After this date, landlords will no longer be able to serve new Section 21 notices and will instead need to rely on court hearings to seek possession, demonstrating specific grounds for repossession.

This change means every possession claim will require a court hearing, which is expected to increase the volume of cases entering the court system. The National Residential Landlords Association (NRLA) has expressed concern that the courts are not adequately prepared for this surge.

Ben Beadle, chief executive of the NRLA, described the situation as “a disaster waiting to happen.” He highlighted that even with a falling number of claims currently, landlords are already facing waits of nearly eight months to regain possession. The anticipated increase in claims following the Renters’ Rights Bill could exacerbate these delays significantly.

Beadle emphasised that the issue is not about landlords seeking to evict tenants without cause but about landlords with legitimate reasons needing timely access to their properties. He criticised government assurances that the courts would be ready to manage the impact, stating that existing evidence suggests otherwise.

What landlords need to consider going forward

With the abolition of Section 21 notices, landlords must prepare for a more complex and lengthier possession process. The requirement to prove specific grounds for possession in court will demand careful documentation and legal compliance.

Landlords and agents should be aware that possession claims will no longer be straightforward and may involve contested hearings, further increasing the time and cost involved in regaining possession.

Understanding the evolving legal landscape and planning accordingly will be essential for effective property management and minimising void periods.

Upcoming support for landlords

In response to these challenges, the Tenant and Landlord Association (TLA) is launching a new Trusted Partners Hub in the first quarter of 2026. This platform will feature verified and approved service providers selected to support landlords, tenants, and property management businesses.

Service providers specialising in legal, trades, insurance, financial, mortgage, tenant screening, and other relevant sectors are invited to register their interest to join the Trusted Partners Hub. This initiative aims to provide landlords with reliable resources to navigate the increasingly complex rental market.