Court backlogs deepen even as landlord claims decline

New figures from the Ministry of Justice show landlord possession claim volumes continuing to fall, even as court delays lengthen. The data comes at a time when most landlords still rely on Section 21 notices to regain possession of their properties.

In 2025, a total of 91,093 possession claims were issued, down from 98,766 in 2024 — a year-on-year decline of 7.8%. Both main routes recorded reductions, with accelerated claims falling by 12.8% and Section 8 claims down 4.9%.

Despite fewer cases entering the system, processing times have continued to rise. The median time from claim to repossession increased to 27 weeks in 2025, up from 25 weeks the previous year. Excluding the pandemic backlog, this marks the longest median wait in more than two decades.

Extended timelines are adding to financial pressure on landlords, particularly in cases involving significant arrears. Research published in October 2025 by the High Court Enforcement Officers Association found average rent losses at the point of eviction stand at £12,708 nationally, rising to £19,223 in London.

Separate data from Landlord Action highlights the scale of change facing the possession process under upcoming reforms. In 2025, 43% of all new instructions received by the firm related to Section 21 or accelerated possession claims, while a further 27% involved Section 8 notices.

With Section 21 due to be abolished in May 2026, all future possession cases will have to proceed under statutory grounds through the courts. Landlord Action said this will increase reliance on a system that is already operating with record delays.

Recent cases handled by Landlord Action illustrate the lengthening court process. A Section 8 PCOL claim submitted on 19 November 2025 was listed for hearing on 26 February 2026, a gap of around three months. Previously, comparable cases were typically listed within two months.

The longest delays are occurring at the enforcement stage. In London cases, eviction appointments are being scheduled seven to eight months after bailiff applications are submitted. For example, an application made on 26 November 2025 received an enforcement date of 17 July 2026. Another application submitted on 24 September 2025 was listed for 18 June 2026, while a further October application has been scheduled for mid-July 2026.

As a result, even after a possession order is granted, landlords may wait several additional months before enforcement takes place. In cases involving significant arrears, the overall process from notice to eviction can extend close to a year.

Ministry of Justice data reflects similar strain nationally. While warrants of possession issued fell to 39,101 in 2025, the number of landlord repossessions carried out by County Court bailiffs increased to 28,628, suggesting that cases already in the system are continuing to move through enforcement even as new claims decline. Regional figures show that London local authorities account for six of the ten highest private landlord repossession rates nationally in the final quarter of 2025.

The growing pressure on County Court bailiffs has prompted renewed calls for greater use of High Court enforcement in appropriate cases. The report published by the High Court Enforcement Officers Association found landlords were experiencing average County Court bailiff delays of six months nationally and up to eight months in London once a possession order had been granted.

Paul Shamplina

Paul Shamplina, 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.

“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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