Landlords face lengthy court delays ahead of Section 21 abolition

Landlords continue to wait weeks to gain court hearings to regain possession, as the Renters’ Rights Act could trigger an avalanche of claims.

Under the current Section 21 route, landlords can repossess a property without the need for a court hearing.

However, if a tenant challenges the claim or the application is incomplete, a hearing may be required, which can significantly delay possession.

Landlords can be waiting weeks

In response to a written Parliamentary question about how many possession claims relating to Section 21 notices are currently awaiting court hearings and the average waiting time, a government minister admitted landlords can be waiting weeks.

Justice Minister Sarah Sackman said: “A Section 21 notice provides for an accelerated court process, usually without a hearing. However, if the application is not in order or the tenant challenges the claim, a hearing may be scheduled.

“The Civil Procedure Rules stipulate that possession claims should be listed within four to eight weeks of a claim being issued.  The most recent published statistics, covering the period July to September 2025 show that the median time from claim to order is 7.6 weeks.

“The government has set out its roadmap for implementing the Renters’ Rights Act 2025. Private landlords will not be able to serve new Section 21 notices on their tenants on or after 1 May 2026.”

The possession order is the court granting the landlord the right to repossess the property, but actual repossession often takes longer, as further steps are required to enforce the order.

The latest Ministry of Justice figures show that the median time from claim to warrant is 15.3 weeks, up from 14 weeks in the same period in 2024, while median time from claim to actual repossession has increased to 27.4 weeks, up from 24.4 weeks.

Disaster waiting to happen

After 1 May 2026, every case will need to go through a court hearing, and landlords will only be able to seek possession by demonstrating specific grounds.

As previously reported on Property118, the National Residential Landlords Association (NRLA) warns that the court system is not prepared to handle the expected surge in claims following the abolition of Section 21.

Ben Beadle chief executive of the NRLA said: “This is a disaster waiting to happen.

“If landlords are already facing an almost eight-month wait to legally take possession of their homes at a time when the number of claims is falling, then what can we expect when the inevitable avalanche of claims drops post-Renters’ Rights Bill?

“Ministers have repeatedly claimed that the courts will be “ready” to manage the impact of the Bill, yet all the evidence suggests they are not.

“This isn’t about an increase in landlords wanting to evict tenants, it’s about landlords with legitimate reasons to take back their rental homes being able to do so in a timely manner.”