Government’s Position on Court Demand Reduction

The Renters’ Rights Act introduces significant changes to possession proceedings by abolishing Section 21 “no-fault” evictions. Landlords will now need to rely on specific grounds for possession under Section 8 notices. According to the government’s Renters’ Rights Act guide, this change is not expected to overwhelm the county courts. The guide states that only a small minority of cases will require court action, specifically those where tenants do not leave after notice periods and where there is clear, well-evidenced grounds for possession.

Furthermore, the government highlights the introduction of early dispute resolution mechanisms, such as the proposed Private Rented Sector Ombudsman, which aims to provide landlord-initiated mediation. This approach is intended to resolve disputes before they escalate to court, thereby reducing court demand. The government is also collaborating with the Ministry of Justice to explore additional early resolution options.

Concerns Over Court System Capacity

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 and eviction cases. Megan Eighteen, President of ARLA Propertymark, emphasises that removing Section 21 evictions will shift many cases into contested hearings under Section 8, which are more complex and time-consuming.

Ms Eighteen notes that the court system is already stretched beyond capacity, with waiting times between claim and hearing routinely reaching 29 weeks in many parts of England, and up to 40 weeks in London. She warns that without substantial investment in court infrastructure—including staffing, digital case management, and national consistency—landlords and letting agents will face prolonged delays and uncertainty. This could undermine the stability of the private rented sector and discourage landlords from remaining in or entering the market, exacerbating rental stock shortages.

Propertymark supports the principle of fairer and more secure renting but urges the government to ensure a properly resourced and modernised court system before implementing the Act.

NRLA’s Warning of an Inevitable Influx of Cases

The NRLA echoes these concerns, warning of an “inevitable influx” of court cases once the Renters’ Rights Act comes into force. They highlight that court wait times have been chronically over-extended for years, even before the announcement of the Act’s implementation dates.

A spokesperson for the NRLA stated that the removal of the accelerated possession procedure and increased case complexity will likely lead to substantial increases in court waiting times. They call on the government to clarify how it intends to reform the court process to manage this influx effectively. Without a coherent solution, the risk is that court delays will worsen, further complicating possession proceedings for landlords.

Government’s Response and Future Outlook

The government maintains that the Ministry of Housing, Communities and Local Government is working closely with the Judiciary, the Ministry of Justice, and HM Courts and Tribunals Service to prepare the county court system for the tenancy changes. Plans include investing in a digitised possession process to improve efficiency.

Nevertheless, the concerns raised by Propertymark and the NRLA underline the potential challenges landlords may face in possession cases under the new system. Landlords should be aware that court delays and increased complexity could impact their ability to regain possession promptly.

Implications for UK Landlords

For landlords and letting agents, the Renters’ Rights Act represents a significant shift in possession law. The abolition of Section 21 means that possession claims will require stronger evidence and may involve more contested hearings. This change emphasises the importance of thorough documentation and compliance with tenancy regulations.

Given the predicted court delays, landlords should consider early dispute resolution options, including mediation through the Private Rented Sector Ombudsman, to resolve issues before they escalate. Staying informed about court system developments and engaging with landlord associations can also provide valuable support during this transition.

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. More information is available at the TLA website.