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.”
