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Fewer possession cases, longer court delays raise concerns

2026-02-16 00:30
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Fewer possession cases, longer court delays raise concerns

Ministers are being encouraged to explain when and how reforms will be made

Fewer possession cases, longer court delays raise concerns February 16, 2026February 16, 2026 | Marc da Silva Email to a friend

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NextHMOs highlighted as key income driver for BTL landlords Print Ben Beadle

The latest figures highlight growing concern over court delays in landlord possession cases, with waiting times continuing to rise even as the number of claims falls.

Data published last week by the Ministry of Justice shows that in 2025 it took an average of more than eight months for courts to process and enforce possession cases under the fault-based system that is replacing Section 21. This was the second longest average timeframe since 2005, exceeded only in 2021 when pandemic backlogs distorted the system.

The slowdown comes despite reduced volumes. Possession claims brought by private landlords under the Section 8 route fell by almost 5% compared with 2024, while Section 21 claims dropped by close to 13% over the same period.

Under Section 8, landlords must cite specific grounds for repossession, including rent arrears, anti-social behaviour or plans to sell. From May, this process will become the primary route for recovering properties.

During the passage of the Renters’ Rights reforms through Parliament, Housing Minister Matthew Pennycook said court readiness was “essential” to the success of the changes — a position now being tested as delays worsen.

In response, The Law Society of England and Wales has urged the UK government to boost funding for the courts, warning that existing pressures are already stretching the system and could worsen conditions for buy-to-let landlords as repossession demand grows.

Ben Beadle, chief executive of the National Residential Landlords Association, 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.”

Court backlogs deepen even as landlord claims decline

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