Ryan Shaban is a skilled paralegal at Landlord Action with a strong background in civil litigation and property law. He has successfully navigated contentious disputes, including possession claims and debt recovery. Along with experience in the property licensing sector, he has developed a sharp understanding of property regulations and legislation. Currently en route to qualifying as a solicitor, Ryan offers insightful perspectives on the evolving landscape of property law.

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If you thought the eviction process was slow and frustrating before, the Renters’ Rights Bill (RRB) is about to make it even tougher. The RRB is set to overhaul the eviction process, making it harder, slower, and more expensive for landlords to regain possession of their properties. With more court hearings, longer notice periods, and a bailiff system already running on fumes, you could be looking at many long, difficult months to get rid of a non-paying tenant. Here’s how it could affect you and what you can do about it.

More court hearings, more delays

The headline change under the RRB is the abolition of Section 21, which allowed landlords to evict tenants without giving a reason. In many cases where this route is used, a Possession Order can be obtained without a court hearing. This change means that every possession claim will now need to go through court, adding to an already clogged system.

What’s changing

• Goodbye “no-fault” evictions – Without Section 21, you’ll have to prove a valid reason to evict a tenant, such as rent arrears or anti-social behaviour. This will mean more hearings and more time spent waiting for court dates

• Longer notice periods – If your tenant falls into arrears, the notice period increases from two weeks to four weeks. If you want to regain possession to sell or move back into the property, you’ll need to give four months' notice, and you can’t do it within the first 12 months of a tenancy. Tenants could use this time to seek advice, negotiate with their landlord, or apply for housing support

• Higher arrears threshold – The threshold for evicting a tenant over rent arrears will increase from two months to three months' worth of unpaid rent. Meanwhile, tenants could make partial payments to stay below the increased three-month threshold which would delay eviction attempts

Why it matters

More hearings mean more pressure on the already overstretched court system. In 2019, over 43,000 possession claims were made by private landlords and over 90% of landlords reported delays in getting court dates and even longer waits for bailiff enforcement. The RRB is only going to make this worse. For example, as the RRB shifts reliance to discretionary grounds and away from mandatory grounds, judges may consider factors like the tenant's financial situation, health issues, and family circumstances when exercising their discretion, further increasing delays.

Bailiffs are already overwhelmed

Even if you manage to get a possession order, the next hurdle is enforcement, and that’s where bailiffs come in

The current problem

• County Court bailiffs are struggling with backlogs. The overwhelming majority of landlords say they’ve faced significant delays in enforcement

• The time between getting a possession order and actual eviction varies from case to case, but the general guidance is that it can take an average of approximately six months

• If you want to speed things up by transferring to a High Court bailiff (who can act faster), you’ll need permission from a judge, which may not be forthcoming

High Court bailiffs: A missed opportunity

• High Court bailiffs can work faster and more efficiently than County Court bailiffs, but many judges are reluctant to approve transfers

• Judges often want proof of delays before allowing a transfer, which ironically adds even more time to the process

• If High Court bailiffs were used more widely, enforcement could be quicker. However, until the system changes, landlords will remain stuck with monumental delays

Mediation and tribunals – A partial solution

The RRB introduces new ways for tenants to challenge landlords. It also provides some early resolution options that could help reduce bailiff demand

Ombudsman and mediation

• A new Ombudsman will handle tenant complaints and disputes before they reach court

• If the Ombudsman works as intended, it could prevent some cases from needing court hearings or bailiff action altogether

• However, for mediation to work, it needs to be well-funded and accessible, and there’s no guarantee that it will be

First-tier Tribunal (FTT)

• Tenants can now challenge rent increases through the FTT, which will assess whether the increase reflects the market rate

• While this could reduce direct conflicts over rent increases, it’s another layer of bureaucracy that could slow down the overall process, especially when the parties are completely at cross-purposes to begin with

The reality

• Mediation and tribunals might help reduce the number of cases reaching bailiffs but they’re unlikely to solve the underlying problem of court backlogs and enforcement delays. The tribunal is also likely to slow the rate of rent increases. They may help resolving smaller disputes without the need for court proceedings, but in many cases it will simply kick the proceedings can down the road (often at the landlord's cost). Ultimately, they serve the purpose they were made for: giving tenants more avenues to push back against landlords

What landlords can do

You can’t control the legal changes, but you can adjust your strategy to minimise disruption and avoid getting stuck in the system.

• Act early – If your tenant is behind on rent or causing issues, don’t wait to start the eviction process. The process will be more difficult after Section 21 is abolished

• Use mediation where possible – If mediation or the Ombudsman is an option, use it. Resolving disputes early could save you months of waiting. Also, you may be penalised at court for avoiding alternative dispute resolution before starting proceedings

• Push for High Court bailiffs – If County Court bailiffs are taking too long, apply to transfer the case to a High Court bailiff. It’s not guaranteed, but if you can prove significant delays or high rent arrear, it’s worth trying

• Use the right people – Having the right support can make all the difference. A good property manager can help you stay compliant with the law, perform your duties towards the tenant, and avoid mistakes that could give the tenant grounds for a defence or counterclaim in court. When it comes to eviction, the process is long and complicated, and a mistake could cost you. Instruct solicitors who specialise in possession cases to get results

Long-term solutions: Where the system needs to change

The current system isn’t working and the RRB lacks the serious reform the system needs

• More bailiffs – Increasing County Court bailiff numbers or improving access to High Court bailiffs would cut enforcement delays. Bailiff numbers dropped during the pandemic and haven’t recovered, but higher salaries could help improve the system for landlords

• Improved digital systems – Improving digital case management systems across the court and enforcement process would streamline proceedings, allowing for quicker scheduling, better communication between parties, and faster resolution of cases

• Better court resources – More judges and court staff, and more investment in the court system generally, would ease the backlog and shorten the time between possession orders and evictions

Bottom line

The RRB gives tenants more protection, which is no problem for responsible landlords with responsible tenants. But it makes life harder for landlords with problem tenants. Longer notice periods, higher arrears thresholds, and more court hearings will clog up an already overwhelmed system. Bailiffs are struggling to keep up, and without systemic reform, delays will only get worse.

As Gideon Amos MP told the House of Commons during the RRB debate, “there are not enough judges or bailiffs, and the system simply will not work until there are.”

For landlords, the key will be acting early, using mediation where possible, and understanding your rights to avoid getting stuck in the system. The RRB isn’t going away, but with the right strategy, you can still protect your investment.