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Section 21 deadline triggers record surge in possession claims

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A record 12,156 accelerated landlord possession claims were issued in the third quarter of 2026, the highest quarterly total since records began, as landlords raced to meet the final Section 21 court deadline.

The latest Ministry of Justice statistics reveal that accelerated possession claims surged by 68% compared with the same period last year, accounting for 43% of all landlord possession claims between July and September. The figures also show that total landlord possession claims increased by 21% year-on-year to 28,249.

The sharp rise follows the abolition of Section 21 on 1 May, with landlords who had served valid notices before the reforms given until 31 July, or the earlier expiry of their notice, to begin court proceedings. By the end of September, 27,320 accelerated possession claims had already been recorded in 2026, equivalent to more than 95% of the 28,595 claims issued throughout the whole of 2025.

Despite the surge in claims, actual landlord repossessions fell by 10% year-on-year to 6,886, meaning fewer landlords regained possession of their properties during the quarter.

Rush

Landlord Action experienced the rush first-hand, with July proving to be one of its busiest months for instructions in the past year. However, following the deadline, instructions dropped by almost 50% in August, before recovering by 30% in September.

It says the nature of enquiries is now changing. Initial consultations are taking considerably longer as landlords struggle to understand the new possession rules, while the firm is also seeing landlords taking earlier action over rent arrears, relying on discretionary grounds rather than waiting until they qualify for mandatory possession.

Founder Paul Shamplina (pictured) is concerned about what sits behind the figures. “Around three in ten of the possession cases we are handling involve landlords seeking to sell their properties,” he says. “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.

Smaller

“With smaller landlords already facing mounting financial and regulatory pressures, and property income tax rates set to rise again in April 2027, I fear we could see more deciding that selling is their only realistic option.”

The MoJ statistics also show that the median time from a landlord possession claim to repossession fell from 27.4 weeks in the third quarter of 2025 to 25.9 weeks in the same period this year.

The Law Society of England and Wales has urged the UK government to invest in the courts amid the rise in claims. President Brett Dixon says without adequate funding, they will continue to struggle with backlogs and delays leaving both landlords and tenants in a state of limbo.

“Safe and stable housing is crucial to us all, but reforms should not come at the expense of justice,” he adds. “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.”

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Possession claims
Landlord Action

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