The introduction of the Renters’ Rights Act on 1 May 2026 has brought significant changes to the private rented sector, notably the abolition of Section 21 ‘no fault’ eviction notices. In response, the government maintains that the court system is equipped to handle the increased volume of possession claims under Section 8, despite concerns from industry experts and landlords about ongoing delays. This development is critical for UK landlords and letting agents as it affects possession procedures and the management of rental properties.
Government’s Position on Court Capacity
Following the enactment of the Renters’ Rights Act, which removed the ability for landlords to regain possession of a property without providing a specific ground, the government has reassured stakeholders that the courts have sufficient resources to manage the anticipated rise in Section 8 possession claims. Justice Minister Sarah Sackman highlighted that the Ministry of Justice, alongside His Majesty’s Courts and Tribunals Service, has collaborated with the Ministry of Housing, Communities and Local Government to increase court sitting days dedicated to civil cases.
In 2026, over 80,000 sitting days have been allocated to civil jurisdiction matters, representing a significant increase aimed at addressing the higher demand resulting from the new legislation. The government’s stance is that these measures will ensure the courts remain capable of processing possession claims efficiently despite the structural changes introduced by the Act.
Impact of the Renters’ Rights Act on Possession Proceedings
The abolition of Section 21 notices means landlords must now rely exclusively on Section 8 notices, which require landlords to specify one or more statutory grounds for possession. This shift has introduced greater complexity into possession claims, as landlords must provide evidence supporting the grounds cited, such as rent arrears or breach of tenancy terms.
This procedural change has increased the workload for courts, as Section 8 claims typically involve more detailed scrutiny and hearings compared to the previous ‘no fault’ process. Consequently, the Renters’ Rights Act has altered the landscape for landlords seeking to regain possession, necessitating a more robust approach to case preparation and legal compliance.
Concerns Over Court Backlogs and Delays
Despite government assurances, the National Residential Landlords Association (NRLA) and other industry bodies have expressed concerns about persistent delays in the court system. Current government statistics indicate that the average time from a landlord submitting a Section 8 possession claim to the property being repossessed now exceeds 34 weeks, marking the longest waiting period in four years.
These delays can have significant financial and operational impacts on landlords, particularly those managing multiple properties or relying on timely possession to maintain rental income. The backlog suggests that while increased sitting days have been introduced, the courts may still be struggling to keep pace with demand, underscoring the need for landlords to plan accordingly.
Additional Court Sitting Days and Parliamentary Discussion
The issue of court capacity was raised in Parliament by Labour MP Bambos Charalambous, who queried the government on whether additional County Court sitting hours would be considered to manage the rise in Section 8 claims. The government’s response reaffirmed the commitment to increased sitting days but did not specify further expansions beyond current allocations.
This parliamentary exchange highlights ongoing scrutiny of the court system’s ability to cope with the Renters’ Rights Act’s effects and reflects broader concerns within the housing sector about access to timely justice for landlords and tenants alike.
What this means for landlords
Landlords should be aware that the removal of Section 21 notices means possession claims now require a valid ground under Section 8, which can be more complex and time-consuming. The extended court timelines mean landlords may face longer waits before regaining possession, potentially affecting cash flow and property management plans.
It is advisable for landlords and letting agents to prepare thoroughly when pursuing possession claims, ensuring all documentation and evidence meet legal requirements to avoid further delays. Additionally, landlords should consider the potential for increased legal costs and seek professional advice where necessary to navigate the new possession process effectively.
What TLA members should consider
- Review and update possession procedures to align with the requirements of the Renters’ Rights Act, focusing on valid Section 8 grounds.
- Maintain comprehensive records and evidence to support possession claims, anticipating increased scrutiny in court hearings.
- Plan for longer possession timelines and assess the financial impact of potential delays on rental income and property turnover.
- Engage with legal professionals or access resources through the Landlord Legal Support Hub for guidance on navigating the new possession framework.
- Stay informed about court capacity developments and any government updates that may affect possession proceedings.
- Consider training opportunities via the TLA Training Academy to enhance understanding of the Renters’ Rights Act and related compliance obligations.
TLA Training Academy
The Landlord Association provides structured guidance, compliance education and practical support for landlords, letting agents and property professionals. Members can access training and resources designed to help them stay organised, informed and prepared.
Landlords can explore the Academy here: https://landlordassociation.org.uk/tla-academy/
Those looking to join and access member support can register here: https://landlordassociation.org.uk/get-started-with-the-landlord-association/
TLA update
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