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Possession claims face longer court delays as Renters’ Rights Act nears


UK landlords are being warned that already stretched courts may struggle further when the Renters’ Rights Act comes into force later this year. With possession cases taking months to resolve, the National Residential Landlords Association says a lack of clarity from government risks undermining confidence just as Section 21 is due to be scrapped.

In a letter sent this week to MPs, the National Residential Landlords Association (NRLA) cautioned that landlords could face even longer waits to regain properties unless ministers spell out how the courts will cope with higher demand.

Court delays and landlord possession cases

According to government figures, it now takes more than 34 weeks on average from a landlord making a Section 8 claim to actually repossessing a property. That is the longest delay seen in four years and nearly eight months of lost rental income in many cases.

For landlords relying on rent to cover mortgage payments, maintenance and tax, that gap matters. At £900 a month, a typical private rent outside London, a 34-week delay equates to roughly £7,200 in unpaid rent, before legal fees are even considered.

NRLA chief executive Ben Beadle told the Justice Select Committee that landlords are already experiencing weeks-long waits just to secure hearings, even before reforms kick in.

Renters’ Rights Act impact on landlords

The concern is that abolishing Section 21 will push far more cases through the contested, grounds-based route. That warning is not limited to landlord groups.

The Master of the Rolls, who oversees the civil courts, has previously cautioned that removing Section 21 “will undoubtedly create more contested possession cases than we have had hitherto”. He also raised doubts about whether county courts are equipped to manage the volume.

Despite this, ministers have yet to define what “court readiness” actually means. During the Renters’ Rights Act’s passage through Parliament, the Housing Minister said readiness was “essential to the successful operation of the new system”, but offered no measurable benchmark.

Mr Beadle said this lack of definition leaves landlords guessing whether promised reforms, including a digital possession process, will genuinely speed things up or simply repackage existing delays.

Tribunal capacity and landlord confidence

The NRLA also highlighted conflicting signals from government over tribunal capacity. Ministers have said they would intervene if the First-tier Tribunal becomes overwhelmed by rent challenges. Yet, in a written answer to Parliament, the Ministry of Justice admitted it does not hold basic data on how long rent appeal cases currently take to process.

For landlords, that raises an obvious question: how can government act quickly if it does not know the baseline? As many letting agents have noted in trade press commentary, uncertainty itself is already influencing investment decisions, with some landlords pausing purchases or selling up ahead of the changes.

The NRLA is now urging the Justice Select Committee to press ministers for clearer answers on court funding, digital reform timelines and success measures.

Editor’s view
Landlords are not asking for special treatment, just a functioning system. If possession claims already take the better part of a year, layering reform on top without transparent benchmarks risks making matters worse. The Renters’ Rights Act may yet work, but without credible court readiness, confidence in the private rented sector will continue to ebb. How many more landlords will wait to find out?

Author: Editorial team – UK landlord & buy-to-let news, policy, and finance.
Published: 19 January 2026

Sources: National Residential Landlords Association letter to the Justice Select Committee; Ministry of Justice statistics; parliamentary written answers HL10508 and HL10509.
Related reading: Government rejects County Court review as landlords face record eviction delays

 

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