As the dust begins to settle on the abolition of Section 21, a new issue is rapidly emerging for landlords: whether the court system can cope with the increased reliance on Section 8 possession claims.

With all evictions in England now requiring a legal ground, landlords who would previously have used a no-fault route are being funnelled through the courts. Early indications suggest this shift is already placing additional pressure on a system that was, even before reform, struggling with delays.

According to the National Residential Landlords Association (NRLA), possession cases are now taking over eight months on average to process, with delays driven by county court backlogs.

The NRLA has also warned that the removal of Section 21 could lead to an “avalanche of cases” hitting the courts, raising concerns about whether the system has the capacity to cope with increased demand.

Legal experts are warning that even straightforward rent arrears cases could take longer to resolve.

Ground 8 is usually mandatory when the criteria are met. However, if a tenant reduces their arrears before the hearing, the case may become discretionary. This means eviction is no longer guaranteed, and the judge will decide the outcome based on the circumstances.

This added uncertainty can make cases more complex and lead to delays.

At the same time, housing charity Shelter has highlighted that stronger tenant protections are likely to result in more defended cases, particularly where affordability or procedural issues are raised.

The government acknowledges the challenge, and has announced plans to digitise parts of the possession process and improve court efficiency, although timelines remain unclear.

For landlords, the shift places greater importance on preparation. Accurate documentation, particularly rent schedules, tenancy agreements and evidence of communication with tenants will be critical in ensuring cases proceed without unnecessary adjournments. Even minor administrative errors can result in delays or dismissed claims.

There is also a growing conversation around alternative dispute resolution. Some agents and lawyers are encouraging earlier engagement with tenants to resolve issues such as rent arrears before they escalate to court action. While not suitable in every case, this approach may become more common as landlords seek to avoid lengthy legal timelines.

The issue of court capacity is closely linked to wider concerns about supply in the private rented sector. If landlords perceive possession as slow or uncertain, some may reconsider their position in the market, particularly those with smaller portfolios or tighter margins.

While it is still early days, the direction of travel is clear. The removal of Section 21 has placed the court system at the centre of the landlord-tenant relationship in a way not seen before.

For now, landlords navigating the post-reform landscape will need to factor in not just the legal grounds for possession, but the practical reality of how long that process may take.

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