Court delays stretch to 27 weeks as Section 21 exit looms

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Landlords are facing the longest court delays in more than two decades despite a fall in possession claim volumes, raising concerns ahead of the abolition of Section 21 in May 2026.

Analysis from Landlord Action, based on new data from the Ministry of Justice, shows 91,093 landlord possession claims were issued in 2025, down 7.8% from 98,766 in 2024. Accelerated claims fell 12.8% and Section 8 claims declined 4.9%.

However, the median time from claim to repossession rose to 27 weeks in 2025, up from 25 weeks the previous year — the longest wait outside the pandemic backlog in more than 20 years.

FINANCIAL RISK

For landlords in serious arrears cases, the delays carry significant financial risk. Separate research from the High Court Enforcement Officers Association found average rent losses at eviction of £12,708 nationally and £19,223 in London.

Landlord Action’s own data shows 43% of new instructions in 2025 related to Section 21 or accelerated claims, with 27% tied to Section 8 notices. With Section 21 set to be abolished, all possession cases will move onto statutory grounds through the courts.

Enforcement delays are now a key pressure point. In London, eviction appointments are being scheduled seven to eight months after bailiff applications, meaning the full process from notice to eviction can approach a year.

RECORD WAITING TIMES

Paul Shamplina (main picture, inset), founder of Landlord Action, said: “Although headline possession claims have fallen, the reality on the ground is that the system is taking longer to deliver outcomes. Years of underinvestment in the courts are now translating into record waiting times for landlords.

“At the same time, the majority of landlords we act for are still relying on Section 21. Once that route is removed, every case will depend on a court process that is already under pressure.”

LONGER TIMELINES

And he added: “With the mandatory rent arrears threshold increasing from two months to three months and notice periods extending to four weeks under the new rules, landlords will face longer timelines before they can secure a possession order. Once an order is granted, enforcement delays can add further months.

“When you combine extended notice periods, longer court waiting times and enforcement delays, it is not unrealistic for a landlord to face close to a year of unpaid rent in serious arrears cases. For many smaller landlords, that level of exposure is simply unsustainable.

“Landlords will need to prepare for a system that is slower and more reliant on the courts. Careful tenant selection, stronger referencing, ensuring tenants have a suitable guarantor where appropriate, and considering rent guarantee insurance as a core protection rather than an optional extra.”

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