Why landlord eviction delays could be the biggest issue in 2026

Among all of the issues facing landlords today, and they seem to be continually growing, I think the lengthening court times for evictions is fast becoming the single biggest headache for landlords in England.

As the Renters’ Rights Act looms, we will see from 1 May, Section 21 ‘no-fault’ evictions vanish, forcing every possession claim through the more contested Section 8 grounds.

That’s for rent arrears, anti-social behaviour or other specified reasons.

I’ve got landlord friends who are dreading the idea of having no more swift accelerated processes with every case probably heading to a hearing.

Like many well-intentioned reforms, it all sounds lovely, but the reality is different with the courts already creaking.

How bad will this get? Will possession claims take a year to resolve?

Possession claim time

I can hear the landlord critics reading this thinking, ‘What’s the problem?’

Well, let me spell out the problem because the data paints a grim picture.

Apparently, the median time from submitting a possession claim to completing a repossession has climbed to over 27 weeks.

That’s nearly seven months. Since it’s an average, some of these cases will be much longer.

Indeed, the NRLA says the average court waiting time is 34 weeks.

Repossession volumes are moving back to pre-pandemic levels, yet court delays keep worsening.

Let’s repeat this issue: court delays are getting worse BEFORE the Renters’ Rights Act comes into play.

It won’t improve either as evictions will need proof of grounds, evidence gathering and court scrutiny.

I’ve said before that with Section 21 being abolished, everyone will get to see the real reason why landlords must evict.

Courts going digital

Let’s ignore the horrendous arrears situation, which gets worse if tenants stop paying while the possession case is ongoing, and consider something else.

Many renters will undoubtedly play the system when defending a claim by requesting adjournments or counter with issues like disrepair complaints.

The system simply isn’t built for the surge and the NRLA has warned that the county courts lack judges, sitting days and administrative resources.

The government talks about digital reforms and monitoring, but the ‘first iteration’ of this isn’t expected until late spring.

That’s going to be too late for the first wave of RRA possession cases.

Rent rise challenge

And then we have more fuel being added to the fire, as tenants gain new leverage to challenge rent increases via the First-Tier Tribunal (FTT).

Under the Act, you can propose a rise once a year, but tenants can object, triggering a tribunal review.

The FTT can’t award more than you asked for, even if market rent justifies it, and can delay implementation by up to two months for hardship.

However, there are reportedly only 34 tribunal judges handling these, so an influx of challenges could create a diabolical limbo.

Landlords will face months of uncertainty, delayed income and backlogs spilling into the already strained possession courts.

Will you be among those landlords worrying that tenants might challenge a rent rise routinely just to buy time, turning rent disputes into another drag on cash flow?

Losses will mount

The impact of the Renters’ Rights Act will move from theory to real world chaos.

Imagine a tenant racks up serious arrears or causes damage.

You serve notice on mandatory grounds, apply to a court, and then wait half a year or more while mortgage payments, insurance and maintenance bills mount.

Many smaller landlords are already selling up, fearing they can’t weather prolonged disputes. And who, apart from landlord critics, can blame them?

A fresh petition highlights the urgency by calling for a six-week expedited process for mandatory Section 8/7A grounds, that’s for arrears and anti-social behaviour.

The petition also calls for a national database of court evicted tenants to spot serial offenders, and a higher deposit cap for severe damage.

Most landlords will agree with those aims but that means pointing the finger of blame at tenants, and that isn’t something this government will countenance.

The RRA will cause damage

The bottom line for England’s landlords is a realisation that while the RRA is here, the effects are far more damaging than many have feared.

With the courts already struggling with a bottleneck, it is this scenario that could easily break your will to continue.

It means being prepared by properly vetting tenants, keeping impeccable records and building an emergency fund for extended voids.

It also means considering professional management or legal advice to minimise risks.

Labour says the Act aims to balance rights in favour of tenants, but without court capacity, it risks tipping the scales too far.

We will see the RRA squeezing supply and pushing up rents unintentionally.

In short, the government MUST fix the courts or watch the PRS fracture.

Landlords can’t afford to wait for the system to catch up, because it might never quite do so in time.

Until next time,

The Landlord Crusader