Court Delays for Landlords will only be longer after 1st May 2026
Court Delays for Landlords will only be longer after 1st May 2026
One has to wonder how long it will take for the government to fully understand the negative effect that some of the changes will have on the PRS (Private Rental Sector). A lot of the new rules in the RRA (Renters Rights Act) should have a nominal impact on good landlords, who understand what their responsibilities are and how to comply with the regulations, so as to avoid local authority attention.
To my mind there are TWO elephants in this room that are currently in danger of going unnoticed amongst all of the media hype.
Firstly, the EPC (Energy Performance Certificates) changes for 2030, which for many properties is either unachievable or not cost effective to undertake. Whilst many landlords will be able to apply to the Exemptions Register; for numerous existing landlords it will be the straw that breaks the camel’s back and they will sell up. We have covered this subject before and will return to it when there is greater clarity on the options for landlords.
The second concern is the ability of the courts and First Tier Tribunal to effectively handle the increase in cases coming to them after the 1st May 2026. The government have been questioned about how they intend to equip the legal system so that it can cope in a timely manner with the increased demand for their services. This increase will be due to landlords having to use a Section 8 Notice which requires a court hearing for possession to be granted! To date the answer has been remarkably quiet with sources saying they consider the workload will not increase dramatically and the courts will carry on as normal.
Over to the National Residential Landlords Association (NRLA) which warns that the court system is not prepared to handle the expected surge in claims following the abolition of Section 21. Ben Beadle, chief executive of the NRLA, recently said:
“This is a disaster waiting to happen. If landlords are already facing an almost eight-month wait to legally take possession of their homes at a time when the number of claims is falling, then what can we expect when the inevitable avalanche of claims drops post-Renters’ Rights Bill?”
“Ministers have repeatedly claimed that the courts will be “ready” to manage the impact of the Bill, yet all the evidence suggests they are not. This isn’t about an increase in landlords wanting to evict tenants, it’s about landlords with legitimate reasons to take back their rental homes being able to do so in a timely manner.”
These timescales might not fully reflect the courts of the South West, as cases in London and the South East generally take a few months longer to access. However, the implications are clear, and landlords need to be very aware of the time lag in getting their properties back.
This all leads back to previous articles advising landlords that they will need to be very professional in their dealings with both their properties and their tenants. Clear criteria will be needed for deciding on which tenant is chosen for which property, and that now is the time that any areas of uncertainty are sorted out before the Act becomes law.
The court delays, further highlight the essential need for landlords to get their tenants fully referenced and to pay for a Rent Guarantee and Legal Cost Insurance. The nominal yearly amount for this lifeline insurance will protect landlords against the potential costs/arrears that could easily accrue into many thousands of pounds whilst waiting to get a possession granted!