Government’s Position on Court Demand Reduction

The Renters’ Rights Act introduces significant changes to the possession process by abolishing Section 21 “no-fault” evictions. Landlords will now need to rely on specific grounds under Section 8 notices to regain possession of their properties. According to the government’s Renters’ Rights Act guide, only a small minority of cases will proceed to court, specifically those with clear, well-evidenced grounds for possession.

The government expects these reforms to reduce demand on the courts, stating: “As now, landlords will only need to go through the courts in a small minority of cases where a tenant doesn’t leave at the end of a notice period.” They also highlight the introduction of early dispute resolution mechanisms, such as the proposed Private Rented Sector Ombudsman, which aims to mediate disputes before they escalate to court proceedings.

This approach intends to make court action a last resort, with the government working alongside the Ministry of Justice to explore further options for early dispute resolution. The guide emphasises the role of the ombudsman in providing landlord-initiated mediation, potentially easing the burden on the county courts.

Concerns Over Increased Burden on the Court System

Despite the government’s assurances, Propertymark and the NRLA have expressed serious concerns about the readiness of the court system to handle the anticipated increase in possession claims. Megan Eighteen, President of ARLA Propertymark, highlighted that removing “no-fault” evictions will shift many cases into contested hearings under Section 8, which are more complex and time-consuming.

Ms Eighteen noted that the court system is already stretched beyond capacity, with waiting times between claim and hearing routinely extending to 29 weeks in many parts of England and up to 40 weeks in London. She warned that without substantial investment in court infrastructure—including staffing, digital case management, and national consistency—landlords and letting agents could face prolonged delays and inconsistent outcomes.

This situation risks undermining the stability of the private rented sector and may discourage landlords from remaining in or entering the market, potentially exacerbating the shortage of rental properties. While supporting the principle of fairer and more secure renting, Propertymark urges the government to ensure a properly resourced and modernised court system before implementing the Act.

NRLA Highlights the Risk of Court System Overload

The NRLA also warns of an “inevitable influx” of court cases once the Renters’ Rights Act comes into force. They point out that court wait times have been chronically over-extended for years, even before the government announced implementation dates for the reforms.

A spokesperson for the NRLA told Property118 that the removal of the accelerated possession procedure and increased case complexity will likely cause substantial additional delays. They urge the government to clarify how it plans to reform the court process to manage this influx effectively, warning that failure to act could worsen existing problems with court wait times.

In response, the government states that the Ministry of Housing, Communities and Local Government is collaborating with the Judiciary, the Ministry of Justice, and HM Courts and Tribunals Service to prepare the county courts for the tenancy system changes.

Implications for UK Landlords

For landlords, these developments mean that possession proceedings may become more complex and protracted. The abolition of Section 21 removes a straightforward route to regain possession, requiring landlords to prove specific grounds under Section 8. This change could increase legal costs, extend void periods, and create uncertainty around tenancy management.

Landlords and letting agents should prepare for longer court waiting times and consider engaging with dispute resolution services, such as the Private Rented Sector Ombudsman, to resolve issues before they escalate. Staying informed about court system developments and investing in legal advice will be crucial to navigating the new landscape effectively.

Upcoming TLA Trusted Partners Hub

The Landlord Association (TLA) is launching a new Trusted Partners Hub in Q1 2026. This platform will feature verified and approved service providers selected to support landlords, tenants, and property management businesses. Legal, trades, insurance, financial, mortgage, tenant screening, and other service providers are invited to register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/.