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Government rejects County Court review as landlords face record eviction delays


Landlords are facing record delays in reclaiming their properties after the government rejected calls for a full review of the County Court system, despite a damning Commons Justice Committee report describing it as “dysfunctional” and “failing to deliver civil justice” across England and Wales.

The Ministry of Justice insists a comprehensive review is unnecessary, arguing that “practical steps” are already improving case management and access to justice. But landlord groups warn the response falls far short of what’s needed, especially with the Renters’ Rights Bill expected to flood courts with new possession claims.

Longest eviction delays in over two years
According to the latest Ministry of Justice data, landlords now wait an average of 33.8 weeks — nearly eight months — for a possession claim to be completed. That’s up from 32.5 weeks in the first quarter of 2025, and the longest delay since early 2022, when the average peaked at 37.8 weeks.

The Commons Justice Committee said the current backlog is “unacceptable,” noting that while the pandemic intensified delays, the issues began long before COVID-19. Its report described the County Court as “a dysfunctional operation that has failed to adequately deliver civil justice” and “the Cinderella service of the justice system.”

For landlords, these figures mean months of unpaid rent, legal uncertainty, and growing financial strain — particularly for smaller investors relying on rental income to meet mortgage payments.

One letting agent in Bristol told Landlord Knowledge that landlords are “increasingly anxious about the courts’ ability to function” once the Renters’ Rights Bill takes effect: “Possession timelines are already unbearable. If even more cases hit the system without extra judges or clerks, it’ll grind to a halt.”

Ministers reject full review, promise “digital fixes”
In its official response, the Labour government said it preferred “tangible and practical steps” over a root-and-branch review, citing progress in mediation services, call handling, and digital case transfers.

A spokesperson said the focus is on “swifter access to justice” through new online case management tools and a digital possession service covering all possession claims in England and Wales.

However, property litigation expert David Smith, partner at Spector Constant & Williams, argues that the government’s plan “feels more like an effort to keep the lights on than a real attempt to fix deep-rooted issues.”

“Digitisation has its place,” he said, “but it cannot by itself address the fundamental resourcing and structural problems the County Court faces. With the Renters’ Rights Bill set to increase workloads further, there’s an urgent need for more decisive action.”

He warned that without significant investment, court reform will stall — leaving landlords, tenants, and letting agents all stuck in a system that “simply cannot cope with what’s coming.”

Renters’ Rights Bill could overwhelm courts
Timothy Douglas, head of policy and campaigns at Propertymark, said that the Renters’ Rights Bill risks overwhelming an already overstretched justice system.

“Court delays are already impacting agents, landlords, and tenants, with possession claims and dispute resolution taking far too long,” he said. “The Bill, while aiming to strengthen renters’ rights, risks overwhelming a justice system that is under-resourced and already operating at capacity.”

Douglas called for urgent investment in County Court infrastructure, including staffing, digital systems, and regional capacity, alongside greater use of High Court enforcement to speed up possession cases.

Propertymark has urged the government to consult directly with private landlords, letting agents, and tenants when designing reforms to ensure fair and efficient outcomes for all parties.

With possession cases already at record highs and the courts stretched thin, landlords are warning that the government’s refusal to address the structural issues could cripple the entire system just as new legislation adds to the workload.

Editor’s view
Landlords are being told to trust in digital reforms, but without serious funding and staffing, online portals won’t clear a two-year backlog. The Renters’ Rights Bill may well expose just how unprepared the courts really are. A functioning justice system isn’t optional — it’s the backbone of a fair rental market.

Author: Editorial team — UK landlord & buy-to-let news, policy, and finance.
Published: 21 October 2025

Sources: Commons Justice Committee report; Ministry of Justice possession statistics (Q2 2025); Spector Constant & Williams commentary.
Related reading: Lords reject stronger pet damage safeguards as Renters’ Rights Bill nears law

 

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