The government asserts that the Renters’ Rights Act will reduce pressure on the county courts by limiting possession cases to those with clear, well-evidenced grounds. However, industry experts, including Propertymark and the National Residential Landlords Association (NRLA), caution that the reforms are likely to increase court waiting times and place additional strain on an already overstretched system. This debate is crucial for landlords as it directly impacts possession proceedings and the stability of the private rented sector.

Overview of the Renters’ Rights Act and Court Impact

The Renters’ Rights Act introduces significant changes to eviction procedures 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. The government’s official guide emphasises that only a small minority of cases will proceed to court, specifically those with well-evidenced grounds for possession. It is argued that this targeted approach will reduce the overall demand on the courts.

Additionally, the government highlights the role of early dispute resolution mechanisms, such as the proposed Private Rented Sector Ombudsman, which is intended to mediate disputes before they escalate to court action. This ombudsman service aims to provide landlord-initiated mediation, potentially easing the burden on the court system.

Concerns from Industry Experts About Court Capacity

Despite government assurances, Propertymark and the NRLA have expressed serious concerns about the readiness of the county court system to handle the anticipated increase in possession claims. Megan Eighteen, President of ARLA Propertymark, notes that removing Section 21 evictions will shift many cases into contested hearings under Section 8. This change is expected to increase the volume and complexity of cases, placing further pressure on courts already experiencing significant delays.

Current data indicates that in many parts of England, the wait between claim and hearing can extend to 29 weeks, with London experiencing waits of up to 40 weeks. Such delays risk prolonging uncertainty for landlords and tenants alike, potentially destabilising the private rented sector.

While the government plans to invest in digitising the possession process, Propertymark warns that without substantial investment in court infrastructure—including staffing and digital case management—these reforms could exacerbate existing problems. Ms Eighteen emphasises the need for a modernised and properly resourced court system as a precondition for implementing the Act to avoid undermining landlord confidence and market stability.

NRLA’s Warning of an Inevitable Influx of Court Cases

The NRLA echoes these concerns, describing an “inevitable influx” of cases once the Renters’ Rights Act takes effect. They highlight that court wait times were already chronically long before the Act’s implementation was announced. The removal of the accelerated possession procedure and increased case complexity are expected to further extend these delays.

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

Government Coordination and Next Steps

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 changes introduced by the Renters’ Rights Act. However, industry bodies remain cautious about whether these preparations will be sufficient to manage the increased demand.

Implications for UK Landlords

For landlords, these developments mean that possession proceedings may become more complex and protracted. The abolition of Section 21 notices removes the option for “no-fault” evictions, requiring landlords to provide specific grounds for possession. This shift could lead to more contested hearings and longer court processes, emphasising the importance of thorough case preparation and legal advice.

Landlords should also be aware of the potential benefits of early dispute resolution through the Private Rented Sector Ombudsman, which may offer a route to resolve issues without court involvement. However, the effectiveness of this mechanism will depend on its implementation and uptake.

Looking Ahead: Support for Landlords

In response to the evolving rental landscape, the Tenants and Landlords Association (TLA) is launching a new Trusted Partners Hub in Q1 2026. This initiative 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 join the Hub, offering landlords access to trusted expertise and services.

Landlords are encouraged to stay informed about these changes and consider engaging with professional support networks to navigate the challenges posed by the Renters’ Rights Act and its impact on possession proceedings.