The introduction of the Renters’ Rights Act means landlords seeking to take possession of rental properties are facing longer waits and higher legal costs as pressure builds on the court system.
The legislation, which came into force on 1 May, abolished Section 21 ‘no-fault’ evictions in England, replacing them with more legally complex Section 8 notices.
Since then, Thackray Williams’ specialist property litigation team has seen a sharp rise in possession work involving both landlords and tenants.
More cases being challenged
Even before the eviction process became more complex, the courts were already under pressure, with government figures showing accelerated possession claims were 16% higher year on year during the second quarter of 2026.
And it wasn’t just the number of claims. The law firm says every Section 21 notice it served was resisted by the tenant, forcing the landlords involved to begin accelerated possession proceedings. And every one of those claims was then challenged.
As Mustafa Sidki, Contentious Construction Litigation Partner at Thackray Williams, explains:
“Unfortunately, the number of landlords looking to sell their investments is exacerbating the lack of affordable rental housing, prompting tenants to challenge eviction notices because they can’t find anywhere else to live.
“The pressures on both sides in the private rental sector are creating a perfect storm, which is leading to lengthy and costly litigation – and further pressure on a court system that is already struggling.”
With Zoopla reporting that the number of properties available to rent is still 20% to 30% below pre-pandemic levels in every region, it is a problem that is only likely to get worse.
Why preparation matters
The rule changes mean it is more important than ever for landlords to understand and prepare for the requirements involved in taking possession of a property.
Under Section 8, landlords must provide a specific legal reason for seeking possession and provide evidence to support their case.
The grounds include selling the property, moving back in, rent arrears, breaches of the tenancy agreement and antisocial behaviour, with different requirements and notice periods depending on the reason being used.
Any errors in notices or gaps in supporting documentation risk adding further delays.
Landlords who want to sell or move back into one of their rental properties, for example, should also take account of the possibility that regaining possession may take some time.
Sidki says: “This is not simply a landlord issue or a tenant issue – it is a system-wide pressure point.
“Possession disputes are now exposing the strain across the whole rental market, from landlords reassessing whether they can afford to stay invested, to renters struggling to find homes, and courts being asked to absorb the fallout.”
