The National Residential Landlords Association (NRLA) has voiced serious concern as court waiting times for landlord repossessions continue to rise – despite a decline in the overall number of claims.
According to the latest figures from the Ministry of Justice, private sector landlords waited an average of 33.8 weeks – early eight months – to regain possession of their properties in Q2 of this year. This marks an increase from 32.5 weeks in the previous quarter.
The statistics measure the time from when a claim is submitted to the courts to when possession is granted. The current figures represent the longest average wait since early 2022, when delays peaked at 37.8 weeks.
The NRLA highlights the fact that demand on the courts service has fallen in the corresponding period, with the total number of claims (from the private and social sector landlords) down by 9%.
With section 21 evictions set to be abolished under the Renters’ Rights Bill – expected receive Royal Assent this autumn – there are serious questions to be answered over the courts’ ability to cope with the expected mammoth increase in demand.
This is despite commitments from the housing minister that the court system is ready for the changes in the Bill.
Under the existing ‘no-fault’ route there is no need for a court hearing for a landlord to gain possession. Indeed, many landlords who have valid grounds to repossess under section 8 (for example rent arrears or anti-social behaviour) currently take the Section 21 route as it is faster.
Under the terms of the new Bill, all landlords will need to meet specific grounds to regain possession, which tenants are able to challenge. This requires a court hearing to decide, process and enforce possession.
NRLA chief executive, Ben Beadle, 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.”
How long does it take from when the tenant stops paying until the landlord completes the court process and actually gets the keys back.
That is the figure that really counts as it is this period without any income that destroys the landlord.
As the property is usually in a terrible state you can add on the time required for refurbishment too as this will need doing before the place can be re-let.
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In the Northeast, it currently takes more than six months from serving notice to finally regaining possession of a property. During that time, landlords are left covering renovation expenses, utility bills, and council tax liabilities—an absolute joke. The Renters Reform Bill will only make matters worse, giving tenants free rein without any real deterrent. It risks turning the system into a “free rent” society.
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“The statistics measure the time from when a claim is submitted to the courts to when possession is granted. The current figures represent the longest average wait since early 2022, when delays peaked at 37.8 weeks.”
Under the Renters Rights Bill landlords must wait for 3 months’ (i.e. 13 weeks’) arrears before they can give at least 4 weeks’ notice. So that is nearly 4 months before “a claim is submitted” . Even under the current system of 8 weeks’ arears,
37.8 + 8 + 4 = 49.8 weeks or over 11 months on average.
The phrase “when possession is granted” does not tell the whole story. If may be the date the tenant is told to go but if the tenant ignores the order, the landlord has to instruct bailiffs and it may take weeks or months for them to turn up. Ben Beadle needs to call out the Ministry of Justice’s misleading statistics.
Given that section 8 cases will increase once every case has to go to court (including those involving antisocial behaviour where witnesses may be reluctant) the figure of 37.8 is going to increase. Landlords could be facing 15 to 24 months in a worst case to evict a defaulting tenant. And all because the Government is going to “introduce new protections for tenants who temporarily (sic) fall into rent arrears.” Have they done any research on how many tenants who get into 3 months’ arrears ever pay them off in full?
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It took us over a year to get a repossession order, and still the tenant refused to leave so we had to go back to court to get an order for the bailiffs to attend, wait for the bailiffs to have a date they could come and the night before they were due the tenant left having tried to set fire to the property! 15 months in total to get rid of a bad tenant who was refusing to pay rent and causing problems with his antisocial behaviour.
Its not just the lost rent, there are also court fees to find and fixing the property once they have gone and impact these tenants have on others.
This is a disaster waiting to happen.
It will financially destroy small landlords.
Even if the courts were fixed and it only took 6 weeks its still over 4 months lost rent. Are mortgage companies going to be made to accept no mortgage repayments from landlords during this waiting time?
All that is going to happen once the risk is clear is either you buy insurance which goes onto rents, ( which will no doubt be increasing sharply ) small landlords decide its too risky and leave the sector or you insist on a guarantor ( making it more difficult for a lot of people to rent at all ) and up the rent to cover potential costs if it still goes wrong – the whole thing is utter madness and will do nothing to make rents less or rental property easier to find. It will drive small landlords out of the sector and increase the number of rental units held by large, faceless, organisations who will then control the sector and they wont then be acting for the good of tenants that’s for sure!
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Really shocking stories above.
This is what happens when you leave the matter to a bunch of sixth form student politicians with zero business experience or business acumen.
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