Landlords and property professionals are warning that the court system is wholly unprepared to handle the sharp increase in possession cases expected once Section 21 ‘no-fault’ evictions are abolished. The National Residential Landlords Association (NRLA) has voiced strong criticism of government claims that the courts will be “ready” to cope with this transition under the upcoming Renters’ Rights Bill.

Recent Ministry of Justice figures reveal that in the first quarter of 2025, the average time between a landlord submitting a possession claim and regaining their property reached a staggering 32.5 weeks – over seven months. This marks a significant rise from 29.8 weeks a year earlier.

Despite this, Housing Minister Baroness Taylor told the House of Lords that cases average just eight weeks. The NRLA has dismissed this as misleading, pointing out that this timeframe only covers the period from claim submission to possession order – not the actual return of the property, which takes far longer.

Courts undermining landlord confidence

NRLA Chief Executive Ben Beadle criticised the government’s position “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.”

In an autumn 2024 survey, the NRLA found that a striking 96% of over 1,400 landlords had little or no confidence that the court system would be able to cope once the Bill is enacted. The association warns that without meaningful reform, landlord investment in rental housing could shrink, making it harder for tenants to find homes.

High Court seen as a faster alternative

In response to widespread delays in the County Court system, the High Court Enforcement Officers Association (HCEOA), supported by the NRLA and Propertymark, is campaigning to make it easier to transfer possession claims to the High Court, where enforcement is typically quicker.

Ben Beadle echoed this frustration “There are landlords across the country who have waited months to have an eviction order granted by a judge who will be forced to wait several more months for an eviction date from over-worked and under-resourced County Court bailiffs. All this time landlords are losing money through lost rent which is no fault of their own. It is an unfair, unacceptable situation for all of these individuals.”

Call for evidence – and change

To build the case for reform, the HCEOA has launched a nationwide survey for landlords and letting agents to document their experiences with court delays. The collected data will be shared with the government to highlight the scale of the problem and advocate for legal changes.

“Only by answering the survey can we ensure your voice is heard – and your argument listened to.” states the campaign.

To complete the survey use the link below:

Landlords are also being advised on how to fast-track enforcement through the High Court. Those yet to apply for a County Court possession order can request a “Transfer Up” to the High Court as part of their initial application – potentially saving months of waiting.

Demands for a clear plan

The NRLA is urging the government to develop and publish a credible, fully funded plan for court reform. This should include:

• Clear benchmarks for what constitutes “court readiness”
• Adequate funding to eliminate bottlenecks and delays
• Transparency via regular court performance reporting

Beadle concluded with a stark warning “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.”