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The detail now decides

The latest Ministry of Justice figures we reported on show that overall possession claims fell in 2025. On the surface, that might look reassuring, but in my view the more important number for landlords is how long it now takes to regain possession.

The median time from claim to repossession has risen to 27 weeks. Aside from the pandemic backlog in 2021, that is the longest wait we have seen in more than 20 years. That figure does not include the notice period beforehand, nor the time it can take to secure a bailiff appointment once an order is granted.

In practical terms, it confirms what many of us are already aware of, the possession process is becoming slower and more procedural. That does not mean landlords should panic, but it does mean expectations need adjusting.

Looking at our own work at Landlord Action over the last year, 43 percent of the new instructions we received related to Section 21 or accelerated possession claims. A further 27 percent related to Section 8 notices. That tells its own story.

For years, Section 21 provided a relatively straightforward route where landlords simply needed to ensure compliance and follow the correct notice procedure. From 1 May, that route disappears. I think it is fair to say that some landlords have not yet fully absorbed what that means. Every possession case will need to rely on statutory grounds and proceed through the courts.

Section 8 is not just a different notice. It is more detailed and evidence-based. Grounds must be clearly established. Arrears schedules must be accurate. Paperwork must be correct. Judges will scrutinise the process closely, and adjournments are far more common where preparation is weak. What was once largely administrative is becoming technical.

We are also seeing longer waits at the enforcement stage. In London in particular, bailiff appointments can be listed many months after the warrant is applied for. When you combine notice periods, court waiting times and enforcement delays, serious arrears cases can extend far beyond what many landlords have historically experienced.

Another figure that stands out to me is that 14 percent of our new instructions last year related to debt recovery, including High Court writs, letters before action and tracing. It shows that not all landlords can afford to treat unpaid rent as a loss to be written off, and I expect that number to increase once every possession case goes through the courts. For many landlords, rental income supports mortgages, pensions or day-to-day living costs. When arrears run into several months, absorbing that loss is simply not realistic.

In the past, some landlords would regain possession using Section 21 and move on, accepting the arrears as part of the cost of doing business. It was often quicker and less burdensome than pursuing a defended money claim.

Under the new regime, I believe we will see more landlords chasing arrears formally. If you are already going through the court process under Section 8, it makes little sense to ignore the debt. As reliance on statutory grounds increases, so too will the emphasis on recovering what is owed. That will add further pressure to a court system that is already dealing with longer timelines.

The purpose of my column this week is not to alarm landlords, but to reflect on where the sector is and highlight that preparation will matter more than ever.

As I have said many times, the landlords who will navigate this change successfully are those who treat letting as a business and manage risk accordingly. That means robust referencing and affordability checks from the outset. It means considering whether a suitable guarantor is appropriate in higher-risk situations and, increasingly, viewing rent guarantee insurance as part of a sensible protection strategy rather than an optional extra.

I started issuing possession claims in the early 1990s. I can say with confidence that this is the most procedurally demanding environment I have seen. The system is still workable, but until there is meaningful investment in court digitisation and additional judicial and enforcement resources, it will remain slower, more detailed and less forgiving of errors.

In that environment, landlords will increasingly need specialist, regulated legal representation to navigate what is becoming a far more demanding court process.

Tags:

Section 8
Section 21
Ministry of justice

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