The UK government asserts that the Renters’ Rights Act will reduce pressure on the county courts by limiting possession cases to those with clear evidence. However, industry experts, including Propertymark and the National Residential Landlords Association (NRLA), warn that the reforms could instead lead to increased court waiting times and destabilise the private rented sector. This development is crucial for landlords and letting agents as it may affect possession proceedings and the overall management of rental properties.

Overview of the Renters’ Rights Act and Court Impact

The Renters’ Rights Act introduces significant changes to the eviction process 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 states that only “well-evidenced possession cases” will proceed to court, which they believe will reduce the overall demand on the court system.

The government also highlights the role of early dispute resolution mechanisms, such as the proposed Private Rented Sector Ombudsman, to mediate landlord-tenant disputes before they escalate to court action. This approach aims to make court proceedings a last resort, potentially easing the burden on county courts.

Concerns Over Court System 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, emphasises that removing Section 21 evictions will shift many cases into contested hearings under Section 8, increasing the workload on an already overstretched court system.

Current data reveals that in many parts of England, landlords face waiting times of up to 29 weeks between claim and hearing, with London experiencing waits as long as 40 weeks. Such delays can cause significant uncertainty for landlords seeking possession and may impact rental income and property management.

Propertymark warns that without substantial investment in court infrastructure—including staffing, digital case management, and national consistency—these delays and uncertainties will worsen. This situation risks undermining the stability of the private rented sector and could discourage landlords from remaining in or entering the market, thereby reducing available rental stock.

NRLA’s Warning of an Inevitable Influx of Cases

The NRLA echoes these concerns, describing an “inevitable influx” of court cases once the Renters’ Rights Act is implemented. They highlight that court wait times were already chronically extended before the Act’s announcement and expect these to increase further due to the removal of the accelerated possession procedure and the increased complexity of cases.

The NRLA urges the government to clarify how it plans to reform the court process ahead of this surge in cases. Without a coherent strategy, the risk is that court delays will worsen, exacerbating challenges for landlords and tenants alike.

Government Response and Future Preparations

The government states 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 court system for the tenancy reforms. They also mention plans for a digitised possession process intended to improve efficiency.

However, industry experts maintain that these measures must be accompanied by significant investment and modernisation to prevent court system collapse and ensure fair, timely outcomes for landlords and tenants.

Implications for UK Landlords and Letting Agents

For landlords and letting agents, the Renters’ Rights Act represents a fundamental shift in possession proceedings. The abolition of Section 21 means landlords must be prepared to provide clear evidence to support possession claims, which may increase the complexity and duration of eviction processes.

The potential for longer court delays emphasises the importance of thorough documentation and proactive dispute resolution. Engaging with early mediation services, such as those offered by the Private Rented Sector Ombudsman, may help resolve issues before they reach court, reducing risk and uncertainty.

Landlords should also monitor developments regarding court system reforms and invest in professional advice to navigate the new legal landscape effectively.

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 resources to manage their properties efficiently under the evolving regulatory environment.