The government asserts that the Renters’ Rights Act will reduce pressure on county courts by limiting possession cases to those with clear evidence. However, industry experts, including Propertymark and the National Residential Landlords Association (NRLA), caution that the reforms may instead increase court delays and destabilise the private rented sector. This debate is crucial for landlords navigating possession proceedings and the evolving legal landscape.

Government’s Position on Court Demand Reduction

The Renters’ Rights Act, which abolishes Section 21 “no-fault” evictions, requires landlords to rely on specific grounds for possession under Section 8 notices. According to the government’s official guide, only a small minority of cases will proceed to court, specifically those with well-evidenced grounds for possession. The government expects this targeted approach to reduce overall court demand.

Additionally, the Act introduces early dispute resolution mechanisms, including the proposed Private Rented Sector Ombudsman, intended to mediate landlord-tenant disputes before they escalate to court. The government emphasises that court action should remain a last resort and is exploring further options for early dispute resolution in collaboration with the Ministry of Justice.

Concerns Over Court System Capacity and Delays

Despite government assurances, Propertymark and the NRLA express significant concerns about the readiness of the county court system to handle the anticipated rise in possession claims. Megan Eighteen, President of ARLA Propertymark, highlights that removing Section 21 evictions will shift many cases into contested hearings under Section 8, increasing the burden on courts already operating beyond capacity.

Current data reveals that in many parts of England, the waiting time between claim and hearing can extend to 29 weeks, with London experiencing waits of up to 40 weeks. Propertymark warns that without substantial investment in court infrastructure—including staffing, digital case management, and national consistency—landlords and letting agents may face prolonged delays and uncertainty. Such delays risk undermining the stability of the private rented sector and could discourage landlords from remaining in or entering the market, further tightening rental supply.

NRLA’s Warning of an Inevitable Surge in Court Cases

The NRLA echoes these concerns, describing an “inevitable influx” of court cases once the Renters’ Rights Act takes effect. They note that court wait times have been chronically extended for years, even before the Act’s implementation dates were announced. The removal of the accelerated possession procedure and increased case complexity are expected to exacerbate delays.

The NRLA urges the government to clarify how it plans to reform court processes to manage the expected surge in cases. Without a coherent strategy, the risk is that court delays will worsen, compounding existing challenges for landlords seeking possession.

Government’s Response and Future Outlook

The government states that the Ministry of Housing, Communities and Local Government is collaborating with the Judiciary, Ministry of Justice, and HM Courts and Tribunals Service to prepare the county court system for the tenancy changes. They also plan to digitise possession processes to improve efficiency.

For landlords, these developments underscore the importance of staying informed about legal reforms and court procedures. The transition away from Section 21 evictions means possession claims will require stronger evidence and may involve more contested hearings, increasing the need for careful case preparation and legal advice.

Implications for Landlords and Agents

Landlords should anticipate longer possession proceedings and potential delays in regaining possession of properties. The increased complexity of possession claims under Section 8 may require more detailed documentation and legal support. Letting agents will need to manage tenant communications carefully and consider early dispute resolution options to avoid court action where possible.

The introduction of the Private Rented Sector Ombudsman offers a new avenue for mediation, which landlords and agents should utilise to resolve disputes efficiently. However, given the concerns about court capacity, landlords must prepare for possible delays and factor these into their property management strategies.

Upcoming TLA Initiative

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 to become TLA service partners. This initiative aims to provide landlords with reliable resources amid the evolving rental landscape.

For more information or to register interest, landlords and service providers can visit the TLA website.