A storm before reform? What possession trends mean for landlords

Over the past few months, I have been running educational events and speaking to landlords up and down the country, and one theme that keeps coming through is not so much a lack of awareness about the Renters' Rights Act, but a lack of clarity about what it will actually mean in practice. 

For many, the questions are straightforward. What will the process look like once the changes come in? How will possession work day to day? Will it be as difficult as some headlines suggest, or will the transition be more manageable for certain types of landlord? The reality is, these are questions that no one can fully answer yet. 

It is that uncertainty, rather than the legislation itself, that is driving concern. Increasingly, it is feeding into behaviour, with some landlords choosing to act while existing options remain available, rather than wait to see how the new system beds in. 

At Landlord Action, we have seen this reflected very clearly in our data. 

A substantial rise in activity

Our latest figures show a marked increase in activity in early 2026, culminating in a sharp spike in March. 

Possession instructions rose by 60% year-on-year in March, with enquiries up by 75%, the most significant monthly increase we have seen. Activity has been rising sharply since the start of the year and across the first quarter, instructions were up 32% year-on-year, with enquiries rising by 23%. 

Those figures are important, but what matters more is what they represent. 
Throughout much of 2025, particularly during the middle of the year when details of the Renters’ Rights Act were emerging, we saw consistently strong enquiry levels, but these did not always translate into action. Landlords were taking advice, asking questions and, in many cases, holding off. 

What we have seen since the start of the year is a shift, with landlords moving more quickly from enquiry to instruction. With time now a key factor, they are making firm decisions and acting where previously many had waited. 

Section 21 still underpins the system

One of the most consistent patterns in our data over the past 12 to 15 months is the dominance of Section 21. 

It has accounted for the majority of possession cases month after month, and that has not changed. In March this year, Section 21 was used at almost three times the rate of Section 8, with Section 21 instructions up 43% year-on-year in the first quarter of 2026. 

This reflects the reality that Section 21 has, in many cases, provided a more straightforward and predictable route to regain possession. In many situations, that flexibility has been important not just for landlords, but for tenants too. The key issue is what happens next. 

What happens when that volume moves into Section 8

When Section 21 is removed, those cases will not disappear. While volumes may reduce from the recent spike, they will move into a system that is already under pressure. 

A significant proportion will inevitably have to be dealt with through Section 8, which brings a very different process. It requires specific legal grounds, supporting evidence and, in many cases, court hearings. 

In practical terms, that means moving from what has often been an administrative route into a fully court-driven system. Even if only a proportion of current Section 21 volumes transition into Section 8 claims, it still represents a substantial increase in demand on the courts.  

From what we already know, the system is under pressure, and additional volume will only extend timelines further.  

Crucially, many of these are cases that would not previously have required court intervention at all. 

With that said, we know that the rate of possession instructions will fall after May, which should provide some breathing space for the system to begin to catch up. 

The knock-on effect for tenants and local authorities

There is also an important point to consider in terms of how the system operates alongside local authority guidance. 

At present, tenants who are unable to secure alternative accommodation within their means are often advised to remain in their property until formal possession proceedings are underway, as local authorities will usually require a court order before recognising that a tenant is legally homeless and accepting a full housing duty. In a system where Section 21 is no longer available, that effectively means more cases will need to progress through the courts before any resolution is reached. 

My question is how does that advice operate in a system where all routes to possession are court-based? 

This could mean tenants remain in properties for longer, while also waiting longer to be rehoused. That is not necessarily the intended outcome, but it is a potential consequence of how the system operates as a whole. 

A period of adjustment for landlords

From the conversations I am having across the country, it is clear that landlords are taking stock. 

Some are reviewing their portfolios and considering their long-term plans. Others are focusing on understanding how the new rules will work and what that means for their day-to-day management. 
There is also no doubt that some landlords have already exited, or are considering exiting, the sector altogether. Rising mortgage costs, increasing regulation, concerns around rent arrears and the time involved in recovering possession are all factors that come up regularly. 

At the same time, many landlords remain committed to the sector and are simply looking for clarity so they can plan effectively. This is where organisations like the National Residential Landlords Association are playing an important role in helping landlords understand the new rules. The information is available, but it requires landlords to take time to fully understand the changes. 

Looking beyond the transition

While activity has increased in the short term, it is important to view this in the context of a transition period. What we are seeing at the moment is the sector adjusting ahead of the new system. 

Once we reach May, activity levels will undoubtedly stabilise. The current increase reflects landlords responding to change and, in some cases, bringing forward decisions that might otherwise have been taken later. 

The key question will be how the system functions in practice once those changes are fully in place. 

For landlords, preparation is essential. That means understanding your obligations under the Renters’ Rights Act, understanding how Section 8 operates, making sure compliance is in order, and seeking advice early where issues arise. 

Periods of change always bring uncertainty, and it is natural that behaviour shifts as a result. The challenge now is to make sure that the system that replaces what has gone before works effectively in practice for landlords, for tenants and for the courts. 

At Landlord Action, our focus remains on helping landlords navigate that transition, providing clear advice and practical support as the landscape continues to evolve.