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 may instead lead to increased court delays and instability in the private rented sector. This development is significant for landlords as it could affect possession proceedings and the overall management of rental properties.

Overview of the Renters’ Rights Act and Court Impact

The Renters’ Rights Act introduces major changes to possession 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. According to the government’s official guide, only a small minority of cases will proceed to court, and these will be those with well-evidenced grounds for possession. The government expects that this targeted approach will reduce demand on the courts.

Furthermore, the Act includes provisions for early dispute resolution, such as landlord-initiated mediation through the proposed Private Rented Sector Ombudsman. This is intended to resolve conflicts before they escalate to legal proceedings, thereby easing the burden on the court system. The government is also collaborating with the Ministry of Justice to explore additional options for early dispute resolution.

Concerns Over Court Capacity and Delays

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 contested possession cases. Megan Eighteen, President of ARLA Propertymark, highlighted that removing Section 21 evictions will shift many cases into contested hearings under Section 8, placing additional strain on courts already operating beyond capacity.

Current data indicates that in many parts of England, the wait time between claim and hearing can extend to 29 weeks, with London experiencing waits as long as 40 weeks. This backlog poses significant challenges for landlords seeking to regain possession promptly and manage their rental portfolios effectively.

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 inconsistent outcomes. Such uncertainty could undermine the stability of the private rented sector and discourage landlords from remaining in or entering the market, potentially exacerbating rental supply issues.

NRLA Echoes Warnings of Court System Strain

The NRLA also anticipates an inevitable influx of possession cases once the Renters’ Rights Act is implemented, which will further extend court waiting times. They emphasise that court delays have been a chronic issue even before the Act’s announcement and that the removal of the accelerated possession procedure will increase case complexity.

The NRLA urges the government to clarify how it plans to reform the possession process ahead of the expected surge in cases. Without a coherent strategy, there is a significant risk that court delays will worsen, impacting landlords’ ability to manage tenancies effectively.

Government Response and Future Preparations

The government states that the Ministry of Housing, Communities and Local Government is working with the Judiciary, Ministry of Justice, and HM Courts and Tribunals Service to prepare the county courts for the tenancy system changes. Plans include digitising the possession process to improve efficiency. However, industry experts maintain that these measures must be accompanied by substantial investment to prevent court system collapse.

Implications for Landlords and Letting Agents

For landlords and letting agents, the Renters’ Rights Act represents a shift towards more regulated possession procedures, requiring greater evidence and potentially longer legal processes. The anticipated court delays could affect rental income continuity and property management strategies. It is therefore crucial for landlords to stay informed about the evolving legal landscape and consider proactive dispute resolution methods where possible.

The introduction of the Private Rented Sector Ombudsman and mediation services may offer alternative routes to resolving disputes without court involvement, which could benefit landlords seeking quicker resolutions.

TLA Trusted Partners Hub Launching in 2026

The Landlord Law 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/

This initiative aims to provide landlords with reliable access to essential services, helping them navigate the challenges posed by legislative changes such as the Renters’ Rights Act.