Landlords rushed to court ahead of the final Section 21 deadline, triggering a record surge in possession claims.

New Ministry of Justice (MoJ) figures show accelerated possession claims jumped 68% year-on-year in the third quarter of 2026.

The total reached a record 12,156 between July and September.

Overall landlord possession claims rose 21% to 28,249. Accelerated claims accounted for 43% of the total.

The surge followed the abolition of Section 21 no-fault evictions in England on 1 May under the Renters’ Rights Act.

Landlords who served valid notices before the reforms generally had until 31 July to begin court proceedings. An earlier deadline applied where the notice expired sooner.

By September, landlords had issued 27,320 accelerated possession claims in 2026. That represented more than 95% of the 28,595 recorded throughout 2025.

Despite the surge, completed landlord repossessions fell 10% year-on-year to 6,886.

Landlord Action reports rush to beat deadline

Eviction specialist Landlord Action reported one of its busiest months for instructions in July.

Instructions then fell almost 50% in August before recovering 30% in September.

Enquiries increased 8% in September and remained steady in October.

Paul Shamplina, founder of Landlord Action, said: “These figures show just how extraordinary the final rush to use Section 21 was. Landlords knew the clock was ticking, and thousands raced to get their claims into court before the door closed.

“We saw the pressure first-hand. A significant proportion of our July instructions involved getting existing Section 21 cases progressed before the deadline, and I suspect some landlords also brought forward possession action as a precaution.”

Paul Shamplina

Shamplina said around three in ten possession cases handled by his firm involve landlords planning to sell.

He warned that rising costs and tighter regulation could drive more landlords out of the market. Higher property income tax rates from April 2027 could add further pressure.

“What concerns me is what sits behind these figures. Around three in ten of the possession cases we are handling involve landlords seeking to sell their properties,” he said.

“That is a significant proportion, and it means more tenants potentially facing the upheaval of having to find somewhere else to live, at a time when suitable rental accommodation is already in short supply.”

Landlords act sooner over rent arrears

Landlord Action also reported a change in how landlords handle rent arrears.

Some now start proceedings earlier, using discretionary grounds instead of waiting to qualify for mandatory possession.

Victoria Valentine, business development executive at Landlord Action, said: “One trend we are seeing is landlords taking action over rent arrears much earlier, relying on discretionary grounds rather than waiting until they reach the threshold for mandatory possession.

“That tells us something about the financial pressure landlords are under. With the mandatory arrears threshold now three months for monthly-paying tenants and longer notice periods, many simply cannot afford to sit back and allow unpaid rent to keep mounting.”

Valentine added that consultations now take longer as landlords seek advice on the new rules.

Law Society warns of court delays

The Law Society of England and Wales has urged the government to invest more in the courts.

It warned that rising possession claims could increase delays and leave landlords and tenants facing prolonged uncertainty.

Law Society president Brett Dixon said ministers had received warnings about court capacity during the passage of the Renters’ Rights Act.

“The courts are not appropriately resourced for what was an expected increase in the number of landlord possessions as a result of the Renters’ Act,” he said.

“This is despite concerns being raised, about court capacity as the Bill passed through parliament.”

Dixon said the abolition of Section 21 marked a major change for the private rented sector.

“However, without adequate funding, the courts will continue to struggle with backlogs and delays leaving both landlords and tenants in a state of limbo,” he warned.

“Safe and stable housing is crucial to us all, but reforms should not come at the expense of justice. The government must act quickly to ensure the courts have the resources they need to prevent further delays and protect the rights of both tenants and landlords.”

Possession times fall despite wider concerns

The MoJ figures show the median time from a landlord possession claim to repossession fell year-on-year.

The average case took 25.9 weeks in the third quarter, down from 27.4 weeks a year earlier.

However, mortgage possession proceedings took longer. The average increased from 46.3 weeks to 52 weeks.

Mortgage possession cases differ from private landlord claims. The figures nevertheless highlight contrasting trends across the court system.

Landlord Action said it remains too early to judge how the new rules will affect possession times.

Shamplina added: “Section 21 has gone, and landlords now have to prove they have legitimate grounds to regain possession. That is a very different process, and my concern is what happens when these cases reach court.

“Landlords who have followed the rules need to know they will not be left waiting indefinitely to regain their properties.”

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