The government is failing to acknowledge the true state of the court system and its lack of readiness to handle possession cases following the end of Section 21, the National Residential Landlords Association has warned.
Ministry of Justice data shows that the average time for landlords to regain possession of a property through the courts has increased yet again, to over seven months in the first quarter of 2025.
The NRLA urged the government to set out a credible plan for court reform, including clear standards for “court readiness”, funding to ensure cases are processed without unacceptable delays, and a commitment to transparency through regular reporting on court performance.
Ben Beadle, chief executive of the NRLA, said “ministers are either unaware of the true state of the courts or are refusing to admit it. Their claims that the courts will be ‘ready’ for the impact of the Renters’ Rights Bill simply do not stack up. Seven months is an eternity for responsible landlords who may be dealing with serious rent arrears and for neighbours having to endure anti-social behaviour. The government must stop burying its head in the sand and commit to a fully funded, detailed and deliverable plan to ensure the courts are fit for purpose. Without this, landlord confidence will continue to erode, undermining investment in supplying the rental homes that tenants desperately need.”
With the abolition of Section 21, ‘no-fault’ evictions, landlords will in future be reliant on the courts to hear, decide, process and enforce possession claims – and ministers have claimed they will be ready to manage the impact of the Renters’ Rights Bill.
During the Renters’ Rights Bill Committee Stage in the House of Lords, the Housing Minister, Baroness Taylor, claimed that possession cases take an average of just eight weeks.
However, this figure is misleading as it only covers part of the process – from making a claim to getting a possession order. It does not include the typically much longer wait for landlords to actually get their property back, which can take over half a year.
Failure to deliver meaningful court reform will further undermine landlords’ confidence in the system, as an autumn 2024 survey found that 96% of landlords have little or no confidence that the courts will be able to cope once Section 21 is abolished.
Section 21 is on the way out - What this means for landlords
The Renters’ Rights Bill is making its way through the House of Lords and, if passed in its current form, will bring major changes to how tenancies are ended. One of the most significant proposals is the abolition of Section 21, often referred to as the ‘no-fault eviction’ process.
This reform has been expected for some time and will reshape how landlords manage possession and protect their rental income.
Section 21 will be removed
At present, Section 21 of the Housing Act allows landlords to regain possession of their property by giving two months’ notice, without needing to provide a reason. Under the new legislation, this route will no longer be available. Landlords will instead need to use the Section 8 process and demonstrate a valid ground for possession.
While the reform is designed to stop a small number of unfair evictions, many landlords have used Section 21 simply as a straightforward, legally accepted way to end a tenancy when needed. The majority of landlords are fair and reasonable, and ending tenancies without good cause is rare.
Key changes
Once the Renters’ Rights Bill is passed:
- Landlords will no longer be able to end a tenancy using Section 21
- Possession will only be possible through Section 8, with a valid legal ground
- All contested evictions will require a court hearing
- The accelerated possession process will be removed
- Tenants will benefit from increased security and stability
What this means for landlords
This change is likely to extend the timeline and cost involved in gaining possession. Every case will need to follow the Section 8 process, which has also been revised as part of the Bill.
Landlords should be aware of the following:
- Section 8 grounds are being reformed, and notice periods for the most commonly used grounds will increase
- The process will almost certainly take longer, especially where court hearings are required
- Strong tenant referencing will become even more important, to reduce the risk of issues arising later
- The most effective way to protect income and reduce risk is to ensure tenants are a good match from the outset and that clear, compliant agreements are in place
What this means for tenants
Tenants will gain more security in their homes. Under the new rules, landlords will only be able to serve notice if there is a clear legal ground to do so. For tenants who have not breached their agreement, this will mean more time to find a new home if they are asked to move, usually a minimum of four months.
The intention is to prevent tenants from being unexpectedly asked to leave, helping them plan more confidently and feel more settled.
Steps for landlords to take now
While the Bill has not yet been passed into law, landlords can prepare by reviewing their current approach and updating their tenancy management plans:
- Make sure all tenancy agreements are legally compliant and up to date
- Strengthen referencing and affordability checks before new tenancies begin
- Understand the revised Section 8 grounds and notice periods
- Consider how court delays could affect your ability to regain possession
- Seek expert guidance before serving any notice or starting the eviction process
You should also work closely with your managing agent to ensure all steps are being followed correctly and that you are prepared for the legal changes ahead.