Government claims possession reforms will ease court pressure

The government claims its reforms will reduce the number of possession cases reaching the courts, despite industry experts warning of an overload in the court system.

In answer to a written question, Baroness Leavitt said that because only cases with clear, well-evidenced grounds will be able to proceed, court demand should fall.

However, as the Renters’ Rights Act has now come into effect, one landlord association warns that time will tell whether the courts can handle an influx in cases.

Reduce court demand

Under the Act, Section 21 is now abolished, and all landlords will need to use Section 8 grounds for possession.

Conservative Lord Jamieson asked: “Whether the government expect a reduction in the average time it takes for a landlord to regain possession through the courts as a result of the Renters’ Rights Act and if so, when?”

Baroness Leavitt claimed the reforms would help reduce court demand

She said: “The Ministry of Justice publishes quarterly possession statistics which monitor the volume and timeliness of possession claims in the County Court. The Civil Procedure Rules state that possession hearings should be listed between 4 and 8 weeks of a claim being issued.

“The latest possession statistics for October to December 2025, show a mean average of 7.3 weeks from claim to order, down from 8.0 weeks for the same period in 2024.

“In the longer term, we expect the reforms to reduce the volume of possession claims as only those cases where there is a clear, well-evidenced ground for possession will be able to proceed. We are also developing a new digital possession service, doing away with outdated paper processes and reducing the chance of mistakes being made.

“The timeliness of the court possession process is influenced by a number of factors, including user behaviour.”

Time will tell

However, the National Residential Landlords Association (NRLA) has warned time will tell if courts can handle possession cases quickly and fairly.

Ben Beadle, chief executive of the NRLA, said on the NRLA website: “The housing minister, Matthew Pennycook, has stressed more than once that landlords will still be able to regain their properties quickly when necessary and that the courts can cope. Time will tell.

“In the meantime, it is essential we and the government actively monitor implementation and consider litigation and the impact of case law as parts of the Act are tested in court.”

As previously reported by Property118,  in a letter to the Justice Select Committee, the NRLA warned that the government has not provided clarity on how the courts will be prepared for the digital possession process.