Landlords across England and Wales are facing unprecedented delays in regaining possession of their properties due to ongoing court backlogs. Recent data reveals that the average time from initial possession claim to repossession has more than tripled since 2019, raising concerns about the sustainability of the private rented sector (PRS).

Significant Court Delays Affecting Possession Cases

According to Propertymark, possession cases now take an average of over 68 weeks to conclude, compared with just over 20 weeks in 2019. This dramatic increase reflects delays at multiple stages of the legal process, including hearings and bailiff enforcement. The organisation highlights that a fully functioning and efficient court system is fundamental to the health of the PRS, as delays create risks for landlords and uncertainty for tenants alike.

Rising Rent Arrears and Financial Impact

The extended timelines are particularly acute in cases involving rent arrears or property damage. What once might have been resolved within months is now stretching beyond a year, with administrative backlogs and frequent adjournments compounding the problem. Propertymark reports that at the point of eviction, average unpaid rent amounts to £12,708 across England and Wales, rising sharply to £19,223 in London. These mounting arrears place significant financial strain on landlords, who often bear the cost while awaiting court action.

Underlying Causes and Calls for Reform

A key factor identified in these delays is the lack of investment in the court system. Without additional resources or reforms, cases continue to queue, increasing costs and uncertainty for all parties involved. Propertymark has called for urgent changes to the possession process, including increased court resourcing, digitisation of claims, the establishment of a specialist Housing Tribunal, and an automatic right to transfer cases to High Court Enforcement Officers.

What this means for landlords

Prolonged possession delays not only affect landlords’ cash flow but also their willingness to remain in the PRS. The financial risks and administrative burdens may prompt some landlords to exit the sector altogether, reducing the availability of rental properties. Agents are also left managing disputes that should be resolved more swiftly, adding to operational challenges. Without reform, the ongoing delays threaten to undermine confidence in the rental market and exacerbate housing supply issues.

Engagement at Senior Levels

Propertymark has raised these concerns at senior levels, including discussions in the House of Lords, where court reform has been recognised as a priority. The organisation emphasises that addressing these systemic issues is essential to restoring efficiency and fairness in possession proceedings.

Source: Based on reporting from Property118

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TLA update

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