A functioning, efficient court system underpins the entire private rented sector. Without it, landlords face increased risk, tenants face prolonged uncertainty, and agents are left managing disputes that should be resolved far more quickly.
Possession delays continue to worsen
The Quarterly CourtWatch findings show that landlords are facing significant waits at every stage of the possession process. In some cases, delays are leading to substantial financial losses, with reports suggesting landlords can lose thousands of pounds while waiting for hearings and enforcement.
This mirrors Propertymark’s own evidence that the court system is no longer providing a reliable route to regain possession when things go wrong. Our research shows that the average time from claim to repossession has risen to over 68 weeks, compared to just over 20 weeks in 2019.
Such delays create uncertainty for landlords and agents, particularly where tenants have stopped paying rent or where properties have been damaged.
The Future of Renting
The Future of Renting features our recommendations to the UK Government and its plans to reform the private rented sector in England. We want to help shape and influence the UK Government’s Renters’ Reforms White Paper which is due to be released in 2022.
A system under strain
Operational issues, including administrative backlogs, adjournments, and delays in bailiff enforcement, are not new, but the latest data confirms they are becoming more entrenched.
A lack of investment and reform in the court system is a key driver of these issues. Without adequate resourcing, landlords and tenants are both left waiting for outcomes, costs will increase, and disputes will be prolonged. .
Access to justice is a critical part of a functioning private rented sector. Landlords must be confident they can recover their property quickly, when necessary, otherwise confidence in the market will decline.
Financial impact on landlords and agents
Delays are not just an administrative issue; they have real financial consequences. Landlords may face months of lost rent, ongoing mortgage payments, and legal costs, while agents must manage increasingly complex and prolonged cases.
At the point of eviction, average unpaid rent stands at £12,708 across England and Wales and £19,223 in London, which underscores higher exposure where rents are highest. This level of risk is likely to deter investment in the sector and reduce the supply of rental homes.
Propertymark has consistently warned that if landlords cannot rely on the courts, they may reconsider remaining in the PRS, adding further pressure on housing supply.
Propertymark calls for urgent reform
We have repeatedly called for targeted reforms to improve the efficiency of the possession process. Key recommendations include:
- Greater resourcing for the court system
- Digitisation of possession claims to speed up administration
- The introduction of a specialist Housing Tribunal
- An automatic right to transfer cases to High Court Enforcement Officers
Improving enforcement is particularly important. Propertymark has backed proposals to allow cases to move more quickly to High Court enforcement, reducing delays once possession has been granted.
We have also raised these concerns at the highest levels, including in the House of Lords, where our calls for court reform have been recognised as a priority issue for the sector.
