New data from the Ministry of Justice reveals that in the second quarter of this year, private landlords faced an average wait of 33.8 weeks—nearly eight months—to reclaim their properties. This is up from 32.5 weeks in the previous quarter.
These figures track the duration from the initial court filing to the final possession order. The latest average marks the longest delay since early 2022, when the backlog’s highest was at 37.8 weeks.
The association has flagged a paradox in the current system: while overall possession claims from both private and social landlords have dropped by 9%, delays in the courts continue to worsen.
This lull in demand may be short-lived as Section 21 evictions are on track to be scrapped under the Renters’ Rights Bill and is anticipated to receive Royal Assent this autumn. Concerns are mounting over whether the court infrastructure can withstand the surge in cases expected to follow.
These warnings come despite assurances from the housing minister that the judiciary is prepared for the transition. For many in the sector, confidence remains thin.
Under the current ‘no-fault’ system, landlords can reclaim their properties without attending a court hearing. In fact, many opt for Section 21 even when they have legitimate grounds under Section 8—such as rent arrears or anti-social behaviour—simply because it’s quicker.
However, the Renters’ Rights Bill will overhaul this process. Once enacted, landlords must demonstrate specific grounds for possession, all of which tenants can contest. This shift means every case will require a court hearing to determine, process, and enforce the outcome—raising fresh concerns about delays and capacity within the justice system.
A spokesperson for the landlords, said: “This is a disaster waiting to happen. If landlords are already facing an almost eight-month wait to legally take possession of their homes at a time when the number of claims is falling, then what can we expect when the inevitable avalanche of claims drops post-Renters’ Rights Bill?
“Ministers have repeatedly claimed that the courts will be “ready” to manage the impact of the Bill, yet all the evidence suggests they are not.
“This isn’t about an increase in landlords wanting to evict tenants, it’s about landlords with legitimate reasons to take back their rental homes being able to do so in a timely manner.
“This could include anything from serious rent arrears to tackling anti-social behaviour that blights the lives of neighbours and fellow tenants alike.
“The government must commit to a fully funded, detailed and deliverable plan to ensure the courts are fit for purpose ahead of time. Without this, landlord confidence will continue to erode, undermining investment in supplying the rental homes that tenants so desperately need.”