WIREDGOV

Court waiting times to process legitimate possession cases by landlords have increased despite a fall in the number of cases brought to them, according to new government data.

Statistics published by the Ministry of Justice show that last year it took an average of over eight months for the courts to process and enforce possession cases brought under the system that is replacing ‘no explanation’ (Section 21) repossessions.

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

The longer waiting times come despite an almost five per cent fall 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 the Section 21 process also fell by almost 13 per cent.

Under the Section 8 procedure, 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. 

Responding to the data, 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.” 

Notes:

Ministry of Justice statistics show that, in 2025:

• The average (mean) time from a claim being issued by the county court to a private landlord repossessing a property under the Section 8 process to them actually getting the property back was around 33.7 weeks. This is the highest it has been since at least 2005, with the exception of 2021 when the mean average waiting times (54.2 weeks) were artificially high as a result of COVID related backlogs. The data can be found in table 6 here.  At the top of the sheet where it says “Possession Type” on the drop-down menu next to it select “Private_Landlord”.
• The total number of possession claims brough by landlords under the Section 8 (Private Landlord) proceed in England and Wales in 2025 was 28,770, down from 30,248 in 2024 (a fall of 4.9%). Over the same period, the total number of Section 21 (Accelerated Procedure) cases brought to the courts also fell from 32,798 in 2024 to  28,598 in 2025, a fall of 12.8% See table 7 here.

During passage of the Renters’ Rights Act through Parliament, the Housing Minister, Matthew Pennycook MP, told the House of Commons that: “Court readiness is essential to the successful operation of the new system”.

Further information about the NRLA can be found at www.nrla.org.uk.  It posts on X @NRLAssociation.

The NRLA’s press office can be contacted by emailing press@nrla.org.uk or by calling 0300 131 6363.