Preparing for the 2026 Eviction Reform: Why Court Investment Must Be a Budget Priority for Landlords

The 2026 Renters' Rights Act and the End of Section 21 Evictions

From 1 May 2026, the Renters' Rights Act will abolish Section 21 ‘no-fault’ eviction notices, requiring all possession claims to proceed through court under Section 8 grounds. This fundamental shift means landlords can no longer regain possession without demonstrating tenant breach and must navigate more complex legal processes.

Why Court Investment Is Critical Now

A leading PropTech firm has called for urgent Government investment in civil court infrastructure in next week's Budget. The rationale is clear: with the repeal of Section 21, possession claims will surge, increasing caseloads and likely extending court delays.

Currently, civil court backlogs cause possession claims to take several months longer than before. Without additional judges, courtrooms, and administrative support, these delays will worsen, impacting landlords’ cash flow and operational planning.

Practical Implications for Landlords

• Longer Eviction Timelines: Expect possession claims to extend by several months due to more contested cases and court backlogs.
• Increased Legal Costs: More complex court proceedings often incur higher solicitor fees and court costs.
• Stricter Evidence Requirements: Landlords must prepare robust documentation proving tenant breaches (e.g., rent arrears, antisocial behaviour).
• Tenant Vetting and Management: Enhanced tenant screening and proactive arrears management become essential to reduce eviction necessity.
• Impact on Different Landlord Profiles:
  • Single-unit landlords may struggle with cash flow during extended possession processes.
  • HMO and portfolio landlords face operational complexity coordinating multiple court cases.
  • Accidental landlords might find legal requirements overwhelming without professional support.

What Landlords Should Do Now

1. Review and Strengthen Tenancy Documentation: Ensure tenancy agreements clearly reflect obligations and grounds for possession under Section 8.
2. Enhance Rent Accounting and Arrears Procedures: Implement or upgrade systems to track rent payments and promptly address arrears.
3. Conduct Comprehensive Tenant Vetting: Use credit checks, references, and income verification to reduce risk of breaches.
4. Prepare Evidence Packs: Maintain detailed records of tenant breaches, communications, and warnings to support potential court claims.
5. Engage Legal Advisors Early: Consult specialist solicitors familiar with the Renters' Rights Act and possession claims.
6. Monitor Ministry of Justice Announcements: Keep abreast of court capacity plans, processing times, and procedural updates.
7. Advocate for Court Investment: Join landlord groups lobbying for budget allocation to improve court infrastructure.

How Rentals & Sales Can Support You

Our expert team offers tailored portfolio reviews, compliance audits, and rent arrears management strategies to prepare landlords for the 2026 reforms. We can help streamline tenancy documentation, optimise tenant vetting, and develop robust workflows for arrears prevention and possession claims.

Compliance Disclaimer

This article is intended for informational purposes and does not constitute legal advice. Landlords should consult qualified legal professionals regarding specific possession claims and compliance with the Renters' Rights Act 2026.

Staying ahead of these reforms requires early preparation and strategic adjustments. With court delays inevitable unless investment is secured, landlords who adapt now will maintain stronger control over their portfolios and tenant relationships.