Courts unprepared for Renters' Rights Bill as possession delays worsen

The National Residential Landlords Association (NRLA) has warned that the Government is failing to acknowledge the true state of the court system and its lack of readiness to handle possession cases following the end of Section 21 'no-fault' evictions.

The warning comes as new Ministry of Justice data shows that the average time for landlords to regain possession of a property through the courts has increased yet again. 

In the first quarter of 2025, the average time between a landlord submitting a claim and regaining legitimate possession was over seven months (32.5 weeks – up from 29.8 weeks a year ago). 

This is despite Ministers repeatedly claiming that the courts will be “ready” to manage the impact of the Renters’ Rights Bill.

With the abolition of Section 21, ‘no-fault’ evictions, landlords will in future be reliant on the courts to hear, decide, process and enforce possession claims.

During the Renters’ Rights Bill Committee Stage in the House of Lords, the Housing Minister, Baroness Taylor, claimed that possession cases take an average of just eight weeks. However, this figure is misleading as it only covers part of the process – from making a claim to getting a possession order. It does not include the typically much longer wait for landlords to actually get their property back, which can take over half a year.

Failure to deliver meaningful court reform will further undermine landlords’ confidence in the system and could lead to reduced investment, making it even harder for tenants to find a home. An autumn 2024 survey by the NRLA of over 1,400 landlords found that 96% have little or no confidence that the courts will be able to cope once the Renters’ Rights Bill is passed.

The NRLA is calling on the Government to set out a credible plan for court reform as a matter of urgency. This must include clear standards for “court readiness”, funding to ensure cases are processed without unacceptable delays, and a commitment to transparency through regular reporting on court performance.

Ben Beadle, Chief Executive of the NRLA, said:

“Ministers are either unaware of the true state of the courts or are refusing to admit it. Their claims that the courts will be ‘ready’ for the impact of the Renters’ Rights Bill simply do not stack up.

“Seven months is an eternity for responsible landlords who may be dealing with serious rent arrears and for neighbours having to endure anti-social behaviour. 

“The Government must stop burying its head in the sand and commit to a fully funded, detailed and deliverable plan to ensure the courts are fit for purpose. Without this, landlord confidence will continue to erode, undermining investment in supplying the rental homes that tenants desperately need.”

-ENDS-
 
Notes:

•    According to the latest Government data, in the first quarter of 2025 it took a mean average time of 32.5 weeks between to the court issuing a claim by a private landlord for possession to it actually happening. The data can be found in table 6 here.  At the top of the sheet where it says, “Possession Type” on the drop-down menu next to it just click “Private Landlord”.

•    Speaking during Committee Stage of the Renters’ Rights Bill in the House of Lords on Tuesday 22nd April, the Housing Minister in the House of Lords, Baroness Taylor of Stevenage, said: “The core principle of the Bill is that tenants should have more security in their homes… It is only by increasing supply that we will be able to stabilise rents.”

•    Speaking to LBC in September 2024, the Housing Minister, Matthew Pennycook MP, said of plans to end Section 21 repossessions: “We’re working very closely with colleagues in the Ministry of Justice to ensure that the court system is ready at the point that the new system comes into effect.”

•    A survey by the NRLA of over 1,400 landlords found that 96% have little or no confidence that the courts will be able to cope once the Renters’ Rights Bill is passed. See here.

•    According to the property portal Zoopla, there are now an average of 12 renters are currently chasing each home for rent, higher than pre-pandemic levels.

•    According to the property portal Rightmove, the number of rental properties available to rent in January-March 2025 is 33% lower than at the same period in 2019.

•    Savills forecasts that up to 1 million new rental homes needed by 2031 to meet growing demand.

•    Further information about the NRLA can be found at www.nrla.org.uk.  It posts on X @NRLAssociation. 

•    The NRLA’s press office can be contacted by emailing [email protected] or by calling 0300 131 6363.