The private rented sector is facing major change, driven by legal reforms and operational challenges. Ministry of Justice figures show a paradox: although landlord possession claims have fallen, the time to regain a property through the courts has reached its longest point in over 20 years. This strain is set to worsen with the planned abolition of Section 21 'no-fault' evictions.
For property investors, understanding this landscape is essential. The combination of systemic delays and landmark legal reforms requires a more proactive approach to property management. This article explores the data, the impact on landlords, and actionable advice for navigating the challenges ahead. Landlords currently facing possession delays can seek specialist support through Landlord Action’s instruct service.
A 7.8% decrease in landlord possession claims during 2025 might suggest fewer disputes, but the median time from claim to court-ordered repossession has climbed to 27 weeks. Excluding pandemic backlogs, this is the longest waiting period in over two decades, showing the courts are under severe strain.
For landlords dealing with rent arrears, these delays have real financial consequences. Every extra week in the system means lost rental income. Rising mortgage rates and operational costs compound the pressure, making extended waiting periods potentially unsustainable. For example, a landlord with a tenant in arrears of £1,200 per month could face almost £12,000 in lost rent over a year if the court and enforcement delays run their full course before even factoring in mortgage payments, insurance, and property maintenance.
The delays continue even after a possession order is granted. Enforcement - appointing bailiffs - can take seven to eight months, as recent London cases show. Combined, the full timeline from notice to regaining possession can approach a year, leaving landlords responsible for mortgage payments, insurance, and upkeep with no rental income.
The upcoming abolition of Section 21, scheduled for May 2026, adds complexity. Section 21 has provided a relatively straightforward route for reclaiming properties. In 2025, 43% of Landlord Action’s new possession instructions relied on it.
Without Section 21, all cases will proceed under Section 8, requiring landlords to prove a specific breach of the tenancy agreement. Section 8 grounds include issues like rent arrears, anti-social behaviour, or damage to the property. Unlike Section 21, which didn’t require a reason, Section 8 cases involve detailed documentation and court hearings, increasing both complexity and risk. Every case will need a court hearing, adding pressure on a system already struggling.
Paul Shamplina, Founder of Landlord Action, says:
"Although headline possession claims have fallen, the reality is that the system is taking longer to deliver outcomes. Once the Section 21 route is removed, every case will depend on a court process already under pressure."
Proactive strategies to protect your investment
In this new environment, landlords must shift from reactive problem-solving to proactive risk management. Robust processes from the outset are crucial.
Thorough tenant selection is your first line of defence. Go beyond credit checks: request written references from previous landlords and verify employment and income directly. This diligence reduces the risk of arrears and disputes, potentially saving months of stress and lost rent.
A strong, legally compliant tenancy agreement is vital. Clearly outline rent obligations, property care, and rules regarding behaviour. A robust agreement strengthens your position if you ever need to pursue a Section 8 claim.
Evidence is key in a post-Section 21 landscape. Keep organised records of:
• Communications: Emails, texts, and call notes with tenants
• Rent payments: Track all amounts received and any shortfalls
• Issues and inspections: Document property damage or complaints with dates, photos, and reports
These records are indispensable for building a successful possession case.
Positive, professional relationships with tenants can help resolve issues before they escalate. Be responsive to maintenance requests and concerns. A tenant who feels respected is more likely to cooperate, possibly avoiding legal action altogether.
The possession process is complex. Mistakes in notices or court paperwork can lead to case dismissal, forcing landlords to restart the lengthy process. Early engagement with specialist legal firms like Landlord Action ensures cases proceed correctly from day one. Specialist legal teams can advise on eviction notices, Section 8 grounds, and best practices for court documentation, reducing the chance of errors that could prolong possession proceedings.
Paul Shamplina warns:
"With extended notice periods, longer court waiting times, and enforcement delays, it’s not unrealistic for a landlord to face close to a year of unpaid rent in serious arrears cases. For many smaller landlords, that exposure is unsustainable."
Landlords face a challenging future, but preparation can mitigate risk. By combining careful tenant selection, robust agreements, meticulous records, professional communication, and expert guidance, landlords can better protect their assets and navigate the evolving rental landscape with confidence.
With delays only expected to increase, landlords who act now and implement robust processes will be best placed to protect their investments and minimise financial risk.
Facing court delays or preparing for the end of Section 21? Don’t wait until it’s too late. Contact Landlord Action today for expert guidance and legal support to safeguard your property and your rental income.
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