The Law Society of England and Wales is warning that the government must further invest in courts ahead of the Renters Rights Act.
It says private landlord repossessions will continue to rise ahead of the Act coming into force in May.
New quarterly statistics from the Ministry of Justice found that private landlord repossessions have increased by 3% compared with the same period last year.
This rise comes months before Section 21 evictions are abolished in England on May 1 and is expected to lead to an increase in the number of contested repossession cases.
The London borough Barking and Dagenham recorded the highest number of private landlord repossession claims of 878 per 100,000 households.
Law Society president Mark Evans comments: “To ensure a level playing field between landlords and tenants and maintain confidence in the justice system, the government must ensure courts are properly funded to handle the expected rise in contested hearings.
“The end of ‘no fault’ evictions in England is one of the biggest changes in the private rented sector in decades. However, without appropriate funding, additional delays and backlogs in the courts will be unavoidable and will mean that justice will not be available to all.
“Next year’s data will ultimately show how the Renters’ Rights Act contributes to a fairer housing system, including how the abolition of Section 21 in England affects the overall repossession statistics. The courts must start getting ready now, not after the backlog starts growing even more.
“Although most of the provisions in the Renters’ Rights Act only apply to England, rising case volumes will impact the whole system. So, now is the perfect time to further invest across both the Welsh and English courts.
“Safe and stable housing is a fundamental human right. The government must take prompt action to protect both tenants and landlords.”
Meanwhile Landlord Action says new Ministry of Justice figures show a widening gap between falling possession claim volumes and rising court delays, at a time when the majority of landlords still rely on Section 21 to regain their properties.
Official data shows that 91,093 landlord possession claims were issued in 2025, down from 98,766 in 2024, a fall of 7.8% year on year.
The decline was seen across both main possession routes, with accelerated claims falling 12.8% and Section 8 claims down 4.9%.
However, while claim volumes have eased, timelines have lengthened.
The median time from claim to repossession rose to 27 weeks in 2025, up from 25 weeks the previous year.
The median time from claim to repossession rose to 27 weeks. Excluding the pandemic backlog, that is the longest median wait in more than two decades.
For landlords dealing with significant arrears, extended timelines can translate into substantial financial losses.
Separate research published by the High Court Enforcement Officers Association in October 2025 found that the average rent loss per property at the point of eviction stands at £12,708 nationally, rising to £19,223 in London.
Landlord Action’s own instruction data shows how significant the upcoming shift will be. In 2025, 43% of all new instructions received by the firm related to Section 21 or accelerated possession claims, while 27% related to Section 8 notices.
With Section 21 due to be abolished in May 2026, all future possession cases will need to proceed under statutory grounds through the court system.
Landlord Action says this will place greater reliance on a court process that is already experiencing record timelines.
The problem is nationwide.
While warrants of possession issued fell to 39,101 in 2025, the number of landlord repossessions carried out by County Court bailiffs increased to 28,628, suggesting that cases already in the system are continuing to move through enforcement even as new claims decline.
Regional figures show that London local authorities account for six of the ten highest private landlord repossession rates nationally in the final quarter of 2025.
The growing pressure on County Court bailiffs has prompted renewed calls for greater use of High Court enforcement in appropriate cases.
Paul Shamplina, founder of Landlord Action, says: “With the mandatory rent arrears threshold increasing from two months to three months and notice periods extending to four weeks under the new rules, landlords will face longer timelines before they can secure a possession order.
“Once an order is granted, enforcement delays can add further months.
“When you combine extended notice periods, longer court waiting times and enforcement delays, it is not unrealistic for a landlord to face close to a year of unpaid rent in serious arrears cases. For many smaller landlords, that level of exposure is simply unsustainable.
“Landlords will need to prepare for a system that is slower and more reliant on the courts. Careful tenant selection, stronger referencing, ensuring tenants have a suitable guarantor where appropriate, and considering rent guarantee insurance as a core protection rather than an optional extra.”
This article is taken from Landlord Today