The UK's housing court system is currently grappling with significant backlogs, leading to prolonged delays in resolving possession cases. As of November 2024, the median time to evict a tenant in England and Wales has reached nearly six months (24.5 weeks), an increase from 23 weeks the previous year. In London, the situation is particularly dire; at the Stratford Housing Centre, landlords granted eviction warrants are receiving eviction dates as far ahead as mid-2025. (THE NEGOTIATOR)

This congestion in the court system has been exacerbated by the COVID-19 pandemic and is further strained by legislative changes, such as the proposed Renters' Rights Bill. This bill aims to abolish Section 21 'no-fault' evictions, requiring landlords to provide justifiable reasons for repossession. Legal experts anticipate that this change could lead to an influx of possession claims, potentially overwhelming an already burdened court system. (LANDLORD TODAY)

In response to these challenges, the government has announced several measures to address the backlog. In December 2024, an additional 2,000 court sitting days were allocated, bringing the total to 108,500 for the year—the highest in nearly a decade. This initiative aims to expedite the processing of cases and reduce delays. (GOV.UK)

Furthermore, Housing Minister Matthew Pennycook has pledged investment in additional court capacity to manage the expected increase in demand resulting from the Renters' Rights Bill. Plans include developing a new digital system for possession claims to streamline the process, making it more efficient for both landlords and tenants. (LANDLORD KNOWLEDGE)

Despite these efforts, concerns persist. The National Residential Landlords Association (NRLA) has expressed apprehension regarding the slow processing of possession cases, emphasising the need for substantial court reform prior to the abolition of Section 21. (LANDLORD TODAY)

Additionally, the Ministry of Justice has acknowledged that targets for reducing the court backlog are unlikely to be met by March 2025, underscoring the complexity of the issue. (LAW SOCIETY)

Here’s what landlords can do to counter the delays in the court system.

1. Strengthen Tenant Screening

Prevention is better than cure. One of the most effective ways to avoid the need for eviction proceedings is to thoroughly vet tenants before signing a lease. Conduct background checks, verify income and employment, and request references from previous landlords. A strong tenant screening process can reduce the likelihood of future disputes that may end up in court.

2. Improve Communication and Conflict Resolution

Many landlord-tenant disputes can be resolved without resorting to legal action. Establish open and professional communication channels with your tenants and address issues as they arise. Mediation services can also help resolve disputes amicably, saving both time and legal costs.

3. Ensure Compliance with Legal Procedures

If an eviction is unavoidable, make sure you follow the correct legal process from the start. Errors in paperwork, incorrect notices, or failure to comply with tenant rights can result in further delays. Seek legal advice if necessary to ensure all documentation is accurate and legally compliant.

4. Consider Alternative Dispute Resolution (ADR)

Rather than waiting months for a court date, landlords can explore Alternative Dispute Resolution (ADR) methods such as arbitration or mediation. These processes can provide quicker and less costly solutions for resolving disputes without going through the formal court system.

5. Use Professional Services

Hiring an accredited qualified letting agent can help streamline the eviction process and ensure compliance with legal requirements. Experts can handle paperwork efficiently and represent landlords in court, minimising errors that could cause delays.

6. Keep Records and Documentation Organised

Maintaining thorough records of rent payments, communication, and tenancy agreements is essential. If an eviction case does go to court, having well organised documentation can support your claim and prevent unnecessary delays due to missing or incomplete evidence.

7. Explore Rent & Legal Cover

Some landlords opt for Rent & Legal cover offered by letting agents or insurers. These agreements ensure landlords receive consistent rental income, even if the tenant defaults on rent as well as indemnifying them against legal costs, reducing the risk of financial loss while navigating court delays.

8. Stay Informed About Policy Changes

With ongoing legislative changes, landlords should stay up to date on new policies affecting eviction procedures and tenants’ rights. Understanding how new regulations, such as the proposed Renters’ Rights Bill, may impact your ability to regain possession of your property can help you plan accordingly.

Summary

If you have concerns over the delays in the court system or would like to talk to someone about the benefits of rent guarantee then get in touch with your local Boydens office and speak to one of our qualified and experienced lettings professionals.