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 solely 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 require court intervention, specifically those where tenants do not vacate after the notice period. The guide states: “We expect our rental reforms to reduce demand on the courts because only cases where there is a clear, well-evidenced ground for possession will be able to proceed.”

Additionally, the government emphasises the role of early dispute resolution mechanisms, such as the proposed Private Rented Sector Ombudsman, to mediate disputes before they escalate to court. This approach aims to ensure that court action remains a last resort, potentially easing pressure on the judicial system.

Concerns Over Increased Burden on the Court System

Despite the government’s assurances, Propertymark and the NRLA have raised concerns about the readiness of the county courts to handle the anticipated rise in possession claims. Megan Eighteen, President of ARLA Propertymark, highlighted that removing Section 21 evictions will shift many cases into contested hearings under Section 8, which are more complex and time-consuming.

Ms Eighteen noted: “Recent data shows that, in many parts of England, the time between claim and hearing now routinely stretches to 29 weeks, and in London that wait can extend to as long as 40 weeks.” This indicates that the court system is already under significant strain.

While the government plans to invest in digitising possession processes, Propertymark warns that without substantial investment in court infrastructure—including staffing and digital case management—the system risks collapse. Ms Eighteen emphasised that prolonged delays and inconsistent outcomes could undermine the stability of the private rented sector and deter landlords from remaining in or entering the market.

NRLA Highlights the Risk of Court Backlogs

The NRLA also predicts an “inevitable influx” of cases once the Renters’ Rights Act is implemented, which will exacerbate existing delays. A spokesperson for the NRLA stated: “Wait times within the court system have become chronically over-extended over recent years, long before the government announced implementation dates for the Renters’ Rights Act.”

The spokesperson added that the removal of the accelerated possession procedure and increased case complexity will likely lead to substantial increases in court waiting times. They urged the government to clarify how it intends to reform the court process ahead of this influx to prevent further compounding of delays.

The government has indicated that the Ministry of Housing, Communities and Local Government is collaborating with the Judiciary, the Ministry of Justice, and HM Courts and Tribunals Service to prepare the county courts for the changes brought by the new tenancy system.

Implications for Landlords and the Private Rented Sector

For landlords, these developments mean that possession proceedings may become more complex and protracted, potentially increasing the time and cost involved in regaining possession of properties. The abolition of Section 21 removes a straightforward route for repossession, requiring landlords to provide specific grounds and evidence under Section 8.

This shift could lead to more contested hearings, placing additional demands on landlords and letting agents to prepare robust cases. The risk of extended court delays may also affect landlords’ confidence in the sector, possibly reducing the availability of rental properties and impacting rental supply.

Landlords should therefore stay informed about the evolving legal landscape and consider how to manage potential disputes proactively, including utilising early dispute resolution services where available.

Upcoming TLA Trusted Partners Hub

In response to the changing rental environment, the Tenant and 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 interested in joining the Trusted Partners Hub are invited to register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/