News 43.25 (3)

Regaining Possession After the Renters’ Rights Act: How Much Longer and Who Pays?

The Renters’ Rights Act (now law in England in late-2025) ends Section 21 “no-fault” evictions and shifts far more cases onto court-managed grounds. In plain terms: more hearings, more evidence, and more pressure on courts that were already stretched—meaning longer timelines and higher costs for landlords and, indirectly, tenants.


The headline numbers landlords should plan for

  • Typical end-to-end timeline: Around 28 weeks (about 6½ months) from issuing a landlord claim to repossession by county court bailiffs. Many cases take longer—especially where a hearing is required.

  • Enforcement lag: After you secure a possession order, bailiff attendance commonly adds around 6–10 weeks (often slower in London and other pressured courts).

  • Court fees (from April 2025): Budget for higher up-fronts than in 2024. Common items include the possession issue fee, the warrant of possession, and—if needed—general applications.

  • Lost rent exposure: With average new-let rents around £1,300–£1,340 pcm in late-2025, a 7–8 month journey easily equates to £9,000–£11,000 in missed income before repairs/voids.


Why the Act increases court time

Before: Many landlords used the accelerated Section 21 route—typically paper-based and often no hearing.
Now: With Section 21 abolished, more cases rely on discretionary or mandatory grounds that frequently require a hearing and fuller evidence (rent arrears history, breach, antisocial behaviour, etc.). That means more judicial time for listings, directions, and final hearings—multiplying demand on limited capacity. Even supporters of the reforms acknowledge the question of court readiness; critics warn of surges in listings unless capacity expands.


What this means in pounds and weeks

Baseline scenario (outside London)

  • Rent: £1,250 pcm

  • Process duration: 7 months (claim → order → bailiff)

  • Lost rent: ~£8,750

  • Indicative court outlay: issue + warrant (plus any applications)

  • Practical costs: locksmith, inventory, cleaning, minor remediation

  • Total cash impact: ~£9,500–£11,500+ once all items are added.

Higher-rent scenario (Outer London)

  • Rent: £2,300–£2,700 pcm

  • Duration: 7–8 months

  • Lost rent: ~£16,100–£21,600 (before fees and works)

These figures reflect current rent benchmarks and typical possession/enforcement timelines; enforcement delay is often the swing factor.


The spillover cost for tenants

Longer, more complex court routes don’t just hit landlords. Carrying costs ultimately feed into pricing and availability. With renters already spending a high share of income on housing and rental stock still tight versus pre-2020 levels, persistent process delays risk reduced supply and higher asking rents—hurting tenants as well.


Is the Government actually preparing the courts?

Ministers point to ongoing HMCTS modernisation—more digital services and streamlined processes. Useful, yes. But against today’s possession metrics and bailiff backlogs, landlords and tenants reasonably ask: where are the extra judges, bailiffs, and listing slots to absorb the Act’s added load?

The core question: Having passed a law that channels more disputes into court, what concrete, resourced measures (people, sittings, and enforcement capacity) will the Government deliver now to avoid a bottleneck it has, in effect, created?


What landlords can do (today)

  1. Front-load evidence
    Clean rent schedules, notice compliance, tenancy docs, and communications. Better files shorten hearings. (Good practice; not legal advice.)

  2. Minimise dead time
    Move from order to warrant promptly; track court notices closely to avoid avoidable slippage.

  3. Consider enforcement options
    Where proportionate and legally permitted, weigh transfer to High Court against cost/time benefits if county bailiff delays are severe.

  4. Budget for a long void
    Model 7–8 months of lost rent plus fees and a 2–4 week turnaround before re-let.

  5. Work tenancy-management levers
    Early arrears action, realistic repayment plans, and mediation can sometimes cut months off the process.


Bottom line

The Renters’ Rights Act aims to deliver fairer, more stable renting. But by shifting the load from “no-fault” paper processes to grounds-based litigation, the system needs more capacity, not just better forms. Until expanded capacity is visible in courtrooms and enforcement diaries, landlords should plan for 6–8 months end-to-end and price in the true cost of delay—a cost that tenants ultimately share through a tighter, pricier market.


Telephone: 01352 721300
Email: support@netrent.co.uk.

Disclaimer: NetRent does not provide legal advice. This article reflects our understanding of current rental property law and public statistics at the time of writing and is for general information only. Please seek independent legal advice for your specific circumstances.

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