Court backlogs: Seven ways landlords can avoid unnecessary delays when reclaiming a property

For landlords and letting agents, obtaining a Possession Order or a Warrant for Possession can feel like the final hurdle. But when a tenant doesn’t leave, there may still be a wait before the property is returned. 

The latest Ministry of Justice figures for April to June 2026 show that the median time from a landlord making a possession claim to repossession was 27.1 weeks in England and Wales. Importantly, this figure represents the entire possession journey through the courts, not just the waiting time for a bailiff appointment. While some claims progress more quickly, others can take considerably longer depending on the circumstances of the case and court capacity. 

From Court administration and hearings to County Court bailiff appointments and High Court enforcement, delays can have a real financial impact. Rent arrears may continue to grow, while mortgage payments, insurance and other property costs still need to be covered. 

Although landlords and letting agents cannot control Court workloads, there are practical steps they can take to understand the process, avoid unnecessary hold-ups and prepare for enforcement as early as possible. 

Here are seven tips to help. 

1. Understand the possession process

One of the biggest frustrations for landlords is not knowing what happens after a possession claim has been submitted. It is easy to assume that once the paperwork has been sent to Court, a hearing date will follow shortly afterwards. Unfortunately, there are several stages to work through before a hearing can take place. 

Once the claim has been prepared and submitted, the Court must receive and process it. The claim then needs to be issued and served on the tenant, with the court providing a Notice of Issue confirming that the claim has been issued and giving details of the hearing. 

Each of these steps takes time, and Court backlogs can affect how quickly they happen. There can also be delays in processing paperwork and sending documents by post. This means time can pass before a landlord or letting agent receives confirmation that the claim has been issued and a hearing date has been scheduled. 

The process does not end at the hearing, either. The judge considers the evidence and decides whether to grant a possession order. If possession is granted but the tenant does not leave, further steps may be needed to enforce the order and recover the property. 

Understanding these stages helps manage expectations and makes it easier to identify where a case is in the process. 

TOP TIP: When submitting a claim, keep a record of the submission date and any subsequent Court correspondence. If confirmation or a Notice of Issue has not arrived, follow up through the appropriate channels to check whether the claim has been received, issued or requires any further action. 

2. Get your paperwork right the first time

One of the most effective ways to avoid preventable delays is to make sure your paperwork is accurate and complete from the outset. 

Errors or missing information can create additional work, lead to questions from the court or risk a claim being challenged. Before starting possession proceedings, check that you have the relevant documents and evidence ready. 

Depending on the circumstances, this may include: 

• The tenancy agreement and relevant tenancy records. 

• The correct notice, completed accurately and served in accordance with the applicable requirements. 

• Evidence showing when and how the notice was served. 

• A clear schedule of rent arrears, where relevant. 

• Copies of important correspondence and other supporting evidence. 

• Confirmation that the required legal and procedural steps have been followed. 

TOP TIP: Before submitting a claim, take time to check the details, dates and supporting documents. Getting things right first time can help reduce avoidable complications later. 

3. Understand what happens after a possession order

A possession order does not always mean the property will be handed back immediately. If the tenant remains after the date specified in the order, further enforcement action may be required. 

For many residential possession cases, this means applying for a Warrant of Possession, which is enforced by County Court bailiffs. However, court workloads can affect how quickly an appointment becomes available. 

In some circumstances, a landlord may be able to apply to transfer enforcement to the High Court for a Writ of Possession, which can be enforced by an authorised High Court Enforcement Officer (HCEO). 

A transfer is not automatic. Permission is generally required, and the Court will consider the circumstances of the case. The appropriate route depends on the order, the procedural position and the court’s decision. 

TOP TIP: Don’t wait until enforcement becomes urgent to understand your options. Discuss the available routes, requirements and likely costs with your legal adviser early in the process. 

4. Prepare for enforcement early

Once possession proceedings are underway, it is worth thinking ahead to what will happen if the tenant does not leave voluntarily. 

Leaving arrangements until the last minute can create further practical difficulties. Depending on the case, you may need to consider access arrangements, the availability of a locksmith, property security and what needs to happen immediately after possession is recovered. 

It is also important to understand that landlords must follow the lawful process. A possession order does not give a landlord permission to take matters into their own hands or bypass the required enforcement procedure. 

Early preparation can help ensure that, when an enforcement appointment is confirmed, the necessary arrangements are in place. 

TOP TIP: Treat enforcement planning as part of your wider possession strategy, rather than something to consider only after the Court Order has been made. 

TOP TIP: Don’t wait until enforcement becomes urgent to understand your options. Discuss the available routes, requirements and likely costs with your legal adviser early in the process. 

5. Keep track of your case and follow up

Court proceedings can involve multiple stages, applications, correspondence and deadlines. It is easy for important dates or outstanding actions to get overlooked when a case has been running for some time. 

Keep a clear record of: 

• The date the claim was submitted. 

• Any hearing dates and court directions. 

• The date the Possession Order was made and the date by which the tenant is required to leave. 

• Any applications or enforcement requests submitted. 

• Correspondence received from the court and any outstanding information requested. 

• The dates of follow-up enquiries and the responses received. 

If you are waiting for a hearing or enforcement appointment, follow up through the appropriate channels to check the position and whether anything further is required from you. 

Following up will not necessarily speed up a court’s timetable, but it can help identify missing information, clarify the status of a case and ensure that avoidable administrative issues are not adding to the delay. 

TOP TIP: Keep a simple case timeline and diary key dates. If you are managing multiple properties, a consistent tracking process can make a real difference. 

6. Understand the financial impact of waiting

Every additional week without possession can have consequences for a landlord’s finances. 

Where rent is unpaid, arrears may continue to increase. At the same time, mortgage payments, insurance, service charges and maintenance costs may still be due. There may also be lost rental income if the property cannot be re-let when expected. 

It is worth reviewing the financial position throughout the process rather than waiting until possession is recovered. Keep an accurate record of arrears, payments, property-related expenses and relevant correspondence. 

Remember that recovering possession and recovering outstanding rent are separate issues. Regaining the property does not, by itself, mean that unpaid rent or other sums will be recovered. 

TOP TIP: Maintain an up-to-date record of the financial impact and discuss appropriate options for pursuing outstanding arrears with your adviser. 

7. Get the right advice before choosing your next step

When delays begin to mount, it can be tempting to assume that transferring enforcement to the High Court is always the quickest or best solution. However, the right approach depends on the circumstances. 

Before deciding on the next step, consider: 

• The current stage of the possession proceedings. 

• The expected wait for County Court enforcement in the relevant area. 

• Whether a High Court transfer is available and what permission is required. 

• The financial impact of continued delay. 

• The costs involved in the available enforcement routes. 

• Whether there are outstanding applications or other issues that could affect the process. 

An experienced legal or enforcement professional can help you understand the options, the relevant requirements and the practical considerations before you commit to a particular route. 

TOP TIP: Ask about enforcement options early, and make decisions based on the circumstances of your case rather than assumptions about which route will be fastest. 

Final thought

Court delays are frustrating, particularly when rent arrears are building and property costs continue to rise. While landlords and letting agents cannot control court workloads, they can take steps to prepare properly, keep track of progress and avoid unnecessary complications. 

The key is to plan ahead. Understand the possession process, make sure your paperwork is in order, keep track of your case and seek advice before enforcement becomes urgent. 

At Strikes Property Services Group, we understand the practical challenges landlords and letting agents face when trying to regain possession of a property. Taking a proactive approach to the process can help you make informed decisions at every stage. 

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