The Law Society of England and Wales has called on the Government to increase investment in the courts ahead of the abolition of Section 21, warning that rising repossession activity could place further strain on an already stretched system.

Latest quarterly data from the Ministry of Justice shows private landlord repossessions have risen 3% compared with the same period last year.

Section 21 ‘no fault’ evictions are due to be abolished in England on 1 May 2026 under the Renters’ Rights Act. Once removed, all possession claims will need to proceed under statutory grounds, a shift widely expected to increase the number of contested hearings.

Barking and Dagenham recorded the highest rate of private landlord repossession claims in the latest figures, at 878 per 100,000 households.

CONFIDENCE UNDERMINED

The Law Society warned that without further funding, longer delays and growing backlogs could undermine confidence in the justice system for both landlords and tenants.

Mark Evans (main picture, inset), president of the Law Society of England and Wales, said: “To ensure a level playing field between landlords and tenants and maintain confidence in the justice system, the government must ensure courts are properly funded to handle the expected rise in contested hearings.

“The end of ‘no fault’ evictions in England is one of the biggest changes in the private rented sector in decades.”

“The end of ‘no fault’ evictions in England is one of the biggest changes in the private rented sector in decades. However, without appropriate funding, additional delays and backlogs in the courts will be unavoidable and will mean that justice will not be available to all.”

FAIRER HOUSING SYSTEM

He added: “Next year’s data will ultimately show how the Renters’ Rights Act contributes to a fairer housing system, including how the abolition of Section 21 in England affects the overall repossession statistics. The courts must start getting ready now, not after the backlog starts growing even more.

“Although most of the provisions in the Renters’ Rights Act only apply to England, rising case volumes will impact the whole system. So, now is the perfect time to further invest across both the Welsh and English courts.

“Safe and stable housing is a fundamental human right. The government must take prompt action to protect both tenants and landlords.”