Worsening Court Delays Heighten Risk for Landlords Ahead of Section 21 Abolition in 2026

Court Delays Escalate Amidst Transition to Renters’ Rights Act

Private landlords in England are experiencing the longest possession hearing delays in over 20 years, with median repossession times extending to approximately 27 weeks. This strain on the courts arises at a critical moment as the Renters’ Rights Act, effective from 1 May 2026, will abolish Section 21 no-fault evictions. As a result, all future possession claims must be made under contested statutory grounds (Section 8), increasing procedural complexity and court workload.

Why This Matters: Financial and Operational Impacts

The abolition of Section 21 means landlords can no longer rely on straightforward no-fault evictions to regain possession. Instead, every eviction will require a contested court process, already facing significant backlogs. This means for landlords:

• Longer Time to Repossess: Evictions that previously took 8–12 weeks now extend beyond half a year, increasing holding costs and delaying rental income.
• Increased Legal Complexity: Statutory grounds require more robust legal preparation, detailed documentation, and potentially higher legal fees.
• Heightened Arrears Risk: Extended timelines allow rent arrears to accumulate further, impacting cash flow, particularly for those without financial buffers.

These challenges affect all landlords but are especially pressing for portfolio landlords and those managing Houses in Multiple Occupation (HMOs), where multiple tenancy issues compound delays and operational complexity.

Navigating the Transition: Practical Steps for Landlords and Agents

1. Plan for Longer Timelines and Communicate Clearly: Prepare teams and tenants for extended possession proceedings post-May 2026. Transparent communication supports tenant relations during disputes.

2. Update Legal Knowledge and Documentation: Engage legal experts specialising in residential possession claims to audit and improve processes. Ensure tenancy agreements and arrears records comply with forthcoming statutory requirements.

3. Financial Contingency Planning: Forecast cash flow scenarios accommodating prolonged arrears and legal costs. Consider setting aside funds or securing credit to manage these expenses.

4. Monitor Court Statistics and Policy Developments: Regularly review Ministry of Justice court data to track backlogs and adjust letting strategies. Engage with landlord associations to support advocacy for better court funding.

Tailoring Strategies by Landlord Profile

• Single-Unit Landlords: Longer eviction processes can impact income reliability; consider enhanced tenant screening and early action on arrears.
• Portfolio Landlords: Implement systemic legal and financial frameworks to manage multiple contested claims, utilising specialist property management software.
• HMOs: Increased tenancy turnover requires rigorous compliance and communication to mitigate risks of delayed possession.
• Accidental Landlords: Seek professional management support to navigate complexities and avoid costly errors.

How Rentals & Sales Supports You

Our expert team provides portfolio reviews identifying vulnerabilities to possession delays, compliance audits for documentation, and pricing strategies that reflect longer eviction timelines. We also facilitate access to legal advisors and offer tailored landlord training on managing statutory possession claims effectively.

Compliance Disclaimer

This article provides general guidance based on legislation and court trends current as of mid-2024. It does not constitute legal advice. Landlords should consult qualified legal professionals for advice specific to their situations and monitor any legislative changes before 1 May 2026.