Landlords despair as court wait times rise

Court wait times for landlord possession cases have increased - despite an overall fall in numbers, according to new government data.

Statistics published by the Ministry of Justice show that last year it took an average of more than eight months for the courts to process and enforce possession cases brought under section 8 -  the system that is replacing section 21, the so-called ‘no-fault’ eviction.

This was the second highest waiting time since 2005, behind only 2021 when numbers were artificially high as a result of Covid-related backlogs.

Case numbers down

The longer waiting times come despite a fall of almost almost 5% in the number of possession claims brought by private landlords under the section 8 route last year compared to 2024. Over the same period, the number of claims brought under section 21 also fell by almost 13%.

Under section 8 landlords are required to provide a valid reason for seeking to repossess a property.

This includes cases related to tenant rent arrears and anti-social behaviour, or because a landlord plans to sell a property.

This system will replace Section 21 repossessions from 1st May as a result of the Renters’ Rights Act.  

During passage of the Act through Parliament, the Housing Minister, Matthew Pennycook MP, spoke of court readiness being “essential” to the success of the changes being implemented. 

Final warning

NRLA cheif executive Ben Beadle said: “This latest data must serve as a stark and final warning to the Government of the dangers of failing to bolster the courts system, before further pressure brings the justice system to its knees. 

“It is entirely unacceptable that fewer possession cases are taking longer for the courts to process and enforce.

"If the backlog is increasing now, before the Government’s reforms begin to bite in May, there is no hope that the system will be able to cope with what is to come.

“There is no more time to waste. Ministers must urgently explain when and how reforms will be made. This needs to include clear targets to see court waiting times falling. Without this, responsible landlords will be left powerless to deal with crippling arrears or community blighting anti-social behaviour.”