Landlords are currently experiencing the longest delays in gaining possession of their properties in more than two years, based on new figures released by the Ministry of Justice.
During the second quarter of this year, the average waiting time for landlords to reclaim a property reached 33.8 weeks. This equates to almost eight months, an increase from 32.5 weeks recorded in the first quarter.
The latest data highlights a growing problem within the court system, as this is the longest average delay since early 2022, when waiting times peaked at 37.8 weeks.
Despite the concerning figures, the Labour government maintains that the courts are adequately prepared to manage the forthcoming Renters’ Rights Bill.
However, the National Residential Landlords Association (NRLA) has expressed serious concerns. They argue that once the legislation takes effect, the courts will be overwhelmed by what they describe as an “inevitable avalanche” of possession claims.
The warning suggests that landlords could face even longer delays in the future, raising doubts about whether the system is truly equipped to cope with the expected surge in cases.
Disaster waiting to happen
The latest landlord possession figures measure the average time it takes from the point a landlord makes a court claim to when they finally regain possession of their property.
According to the National Residential Landlords Association (NRLA), the Ministry of Justice’s own data reveals that overall demand on the courts has actually declined in recent months. Claims made by both private and social landlords have dropped by around 9%.
Despite this decrease in activity, landlords are still facing lengthy delays, with the average repossession now taking more than eight months.
NRLA chief executive Ben Beadle has described the situation as deeply troubling. He warned that the current backlog already demonstrates a “disaster waiting to happen.”
Beadle questioned how the system will manage when the Renters’ Rights Bill comes into force. If landlords are waiting close to eight months for possession at a time when claim numbers are falling, he argued, the pressure will only worsen once the expected surge of cases begins.
The government has repeatedly reassured landlords that the courts will be ready to cope with the changes brought by the new Bill. Yet, Beadle stressed that the available evidence does not support those claims.
He emphasised that this issue is not about landlords rushing to evict tenants without cause. Instead, it is about ensuring that property owners with genuine and lawful reasons to recover their homes can do so within a reasonable timeframe.
Landlord confidence will continue to erode
He adds: “This could include anything from serious rent arrears to tackling anti-social behaviour that blights the lives of neighbours and fellow tenants alike.
“The government must commit to a fully funded, detailed and deliverable plan to ensure the courts are fit for purpose ahead of time.
“Without this, landlord confidence will continue to erode, undermining investment in supplying the rental homes that tenants so desperately need.”
Landlords choose Section 21 as it’s quicker
At present, landlords are able to reclaim a property using the Section 21 process, which does not require a court hearing.
The National Residential Landlords Association (NRLA) explains that many landlords prefer this route even when they technically have grounds under Section 8, such as rent arrears or incidents of anti-social behaviour. This is because Section 21 is usually the faster option.
However, the upcoming Renters’ Rights Bill will bring an end to Section 21, removing the so-called “no-fault” route to possession.
Once this change is introduced, landlords will only be able to regain possession if they can demonstrate valid grounds. Tenants will also be entitled to challenge these claims.
As a result, every possession case will need to be heard in court before a landlord can successfully take back their property.
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