The UK government asserts that recent possession reforms will alleviate pressure on the courts by reducing the number of cases brought before them. However, landlord groups remain cautious, emphasising the need to monitor how the new system operates in practice.

Government anticipates reduced court demand

In response to a written parliamentary question, Baroness Leavitt outlined the government’s position that the Renters’ Rights Act, which has abolished Section 21 notices, will lead to fewer possession claims reaching the courts. Under the new legislation, landlords must rely solely on Section 8 grounds, which require clear and well-evidenced reasons for possession.

Baroness Leavitt highlighted that the Ministry of Justice’s latest possession statistics for October to December 2025 show a mean average of 7.3 weeks from claim to order, a slight improvement from 8.0 weeks in the same period the previous year. She added that the reforms aim to reduce the volume of claims by ensuring only cases with substantiated grounds proceed.

Additionally, the government is developing a new digital possession service intended to replace outdated paper processes, reducing errors and streamlining case management. Baroness Leavitt noted that the timeliness of possession hearings is influenced by various factors, including user behaviour.

Industry voices caution over court capacity

Despite government optimism, the National Residential Landlords Association (NRLA) has expressed reservations about the courts’ ability to cope with the changes. Ben Beadle, NRLA chief executive, acknowledged the housing minister’s assurances that landlords will still regain possession promptly when necessary but emphasised that “time will tell.”

Beadle stressed the importance of actively monitoring the implementation of the Act and its impact on litigation and case law as new provisions are tested in court. The NRLA has also previously raised concerns about the government’s lack of clarity regarding how the courts will manage the new digital possession process.

What this means for landlords

Landlords must now adapt to the abolition of Section 21 and prepare to rely on Section 8 grounds for possession claims. This shift requires stronger evidence and may initially lead to increased complexity in possession proceedings.

While the government’s digital service promises to simplify the process, landlords should remain vigilant about potential delays or challenges as courts adjust to the new system. Engagement with landlord associations and legal advisors will be crucial to navigate these changes effectively.

Source: Based on reporting from Property118

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