Landlords already face a near seven-month wait to legally repossess a property, according to new Ministry of Justice (MoJ) figures. Industry experts are warning that the court system is not prepared to handle the expected surge in claims when the Renters’ Rights Act (RRA) abolishes the “no-fault” Section 21 eviction process.
The data suggests that the court system is already struggling, leading to fears of an “avalanche of claims” once every possession case is forced through the courts after the Act’s main provisions come into force.
Current Wait Times Are Already Increasing
Under the current system, the Section 21 notice provides an accelerated route, often without a court hearing. However, even these accelerated claims are facing significant delays if the tenant challenges the claim or the application has an error.
Justice Minister Sarah Sackman admitted that possession claims should be listed within four to eight weeks, but MoJ data shows the reality is much longer:
| Stage of Possession Process | Median Waiting Time (July – Sept 2025) | Change from 2024 |
| Claim to Order (Court grants right to repossess) | 7.6 weeks | Not specified |
| Claim to Warrant (Landlord applies for bailiffs) | 15.3 weeks | Up from 14 weeks |
| Claim to Actual Repossession (Bailiffs execute order) | 27.4 weeks (Approx. 6.3 months) | Up from 24.4 weeks |
The median time for a landlord to regain their property after applying to the court has now increased to over 27 weeks (almost 7 months).
The “Disaster Waiting to Happen” Post-May 2026
From May 1, 2026, the RRA is scheduled to take effect for new tenancies, meaning:
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Section 21 is Abolished: The accelerated, no-fault route is removed.
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Every Case Requires a Hearing: Landlords must use the Section 8 process and demonstrate a specific, court-approved ground (e.g., serious rent arrears, personal use, or sale).
The National Residential Landlords Association (NRLA) warns that forcing every possession case into the already overloaded court system is “a disaster waiting to happen.”
NRLA Chief Executive Ben Beadle stated that if landlords are already waiting almost eight months to legally take possession when the number of claims is falling, the system will collapse under the “inevitable avalanche of claims” that will follow the RRA’s implementation. The concern is not an increase in landlords wanting to evict, but the inability to do so in a timely manner when they have a legitimate, legally-approved reason to take back their home.
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