Landlords will face a far more rigid eviction system from 1 May 2026, after new government guidance confirmed how the Renters’ Rights Act will overhaul possession routes for rent arrears and wider tenancy breaches. The guidance sets out a split court process that could lengthen timelines, increase costs and intensify risk for professional landlords already stretched by regulation.
UK rent growth outlook: new rules and a split possession system
Under the updated framework, eviction for unpaid rent only must be submitted through the Possession Claim Online (PCOL) service. The fee is £404, and landlords will complete forms digitally and receive automated case updates.
But every other Section 8 ground – selling the property, anti-social behaviour, repeated breaches, or regaining possession for personal use – must go through the paper-based court process.
That split alone raises eyebrows among letting agents. Several have warned in industry forums that “two systems mean two sets of delays”, noting that the paper route is already slower in regional courts such as Manchester and Cardiff, where administrative backlogs stretch hearings by four to eight weeks.
According to the guidance, landlords must issue the correct notice period for each statutory ground. If a tenant fails to leave, a possession claim can begin. Grounds deemed mandatory – previously published by the government – guarantee possession where evidence is proved, while discretionary grounds depend on the judge’s assessment.
ONS rental affordability data released this year shows that arrears cases are rising fastest in the North East and parts of the Midlands, where rents have grown by up to 9.2% annually, putting extra pressure on low-income tenants. For landlords with thinner margins, clarity on arrears procedures is therefore essential to stabilise cashflow.
Specialist finance for landlords: evidence now determines outcomes
The government guidance outlines a stricter evidential burden. After a claim is issued, the court will:
- send the application to the tenant
- provide the landlord with a claim number
- set a possession hearing date
Tenants have 14 days to file a defence, which the court must also share with the landlord.
At least 14 days before the hearing, landlords will need to submit:
- completed N5 and N119 forms
- all evidence
- any defence received from the tenant
Evidence could include rent account histories, photographs of damage, witness statements on anti-social behaviour or proof of intention to sell. Property litigation specialists have long warned that weak documentation is a leading cause of adjournments, often adding six to ten weeks to a case.
Most hearings will take place at the county court closest to the property. Judges can adjourn, dismiss, or grant either an outright or suspended possession order. Dismissal is possible where landlords fail to follow procedure, miss deadlines or cannot prove their ground – mistakes that can result in paying the tenant’s legal costs.
This is particularly troubling for landlords who operate on tight timelines, such as portfolio investors refinancing under higher mortgage rates or those attempting to sell before fixed-term borrowing expires.
Landlord strategy: reducing risk before 2026
The guidance carries a clear message: landlords must treat possession as a compliance exercise, not an administrative task. With Section 21 now abolished and all routes shifted to evidence-based grounds, precision becomes the main defensive shield.
Landlord groups including the NRLA have already said the new framework “places disproportionate responsibility on responsible landlords”, with chair Ben Beadle warning that “without realistic court reform, delays will continue to punish those who follow the rules.”
For portfolio and accidental landlords alike, the commercial reality is blunt: delays cost money, arrears drain reserves, and every evidential gap becomes a tactical opportunity for tenants advised by charities or legal advocates.
Editor’s view
This guidance reflects a wider pattern across the sector: responsibility is shifting further onto landlords while the machinery of enforcement remains slow, under-funded and inconsistent across regions. To stay ahead, landlords will need to operate more like regulated businesses – document everything, model delays into cashflow, and treat each possession claim as a professional exercise rather than a last-resort scramble.
The ultimate question is whether the court system itself can keep pace with the expectations now placed upon it.
Author: Editorial team – UK landlord & buy-to-let news, policy, and finance.
Published: 3 December 2025
Sources: Government possession guidance; Renters’ Rights Act; ONS rental data; NRLA statements; Property Industry Eye commentary.
Related reading: Government rejects County Court review as landlords face record eviction delays
