'I'm owed £13,500 in unpaid rent and tenant still lives in my property for free': Landlord despair as court waiting times to evict rises sharply
- Government data shows court wait times are rising despite cases falling
Landlords are finding it takes around eight months to evict a tenant, even when they have legitimate reasons for doing so.
Court waiting times to process section 8 possession cases by landlords have risen despite a fall in the number of cases brought to them, according to new government data.
Statistics published by the Ministry of Justice show last year, it took an average of 33.7 weeks for the courts to process and enforce possession cases brought under the system that is replacing 'no fault' (Section 21) repossessions.
This was the second highest waiting time since 2005, behind only 2021 when they were artificially high as a result of Covid related backlogs.
Under the Section 8 procedure, landlords are required to provide a valid reason for seeking to repossess their property.
The longer waiting times come despite a fall in the number of possession claims brought by private landlords against tenants
This includes cases related to tenant rent arrears and anti-social behaviour, or because a landlord plans to sell a property.
This system will replace Section 21 repossessions from 1 May as a result of the Renters' Rights Act.
However, there are fears that the court system is not adequately set up to handle these legitimate landlord requests leaving them financially on the hook when tenants refuse to pay rent or leave a property.
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I'm owed £13,500 in unpaid rent
One landlord, who wishes to remain anonymous, contacted This is Money last week to explain he is being forced to rent whilst his tenant owes him £13,500 in unpaid rent and continues to live in his only property for free.
The landlord, who owns a one-bed flat in Fulham, is still waiting for an update from Wandsworth County Court having served a section 21 'no fault' eviction notice initially.
He explained he had originally moved out of his property to move in with his partner. However, after they broke up, he served notice on his tenant so that he could return.
He told This is Money: 'I have been forced to rent a property elsewhere until she vacates and I am facing system induced insolvency because of inadequate property law, court delays and court errors.
'I agreed a short-term tenancy with the tenant and both agreed on the contracted length of time.
'The relationship ended and so I informed the tenant that I would need my flat back at the end of the tenancy in September 2024.
'They refused to leave and, despite attempts at section 21 eviction processes, they are still in place.
'The tenant has now ceased paying entirely, does not engage in constructive communication and I have had numerous complaints of anti-social behaviour from neighbours.'
He added: 'My current attempt to gain possession is a s21 process which has cost me around £3,000 in legal and court fees to date.
'Even if the court grants possession - which I'm told is likely to be many months away - I will have to wait multiple months for Bailiffs to enforce.
'In the meantime, I am paying my own rent of £2,225 per month, my mortgage of £1,820 per month and utilities and council tax of around £500 per month, which is more than I earn each month.'
From 1 May, the Government is banning 'no-fault' evictions forcing landlords to give a proper reason for telling tenants to leave, for example wanting to sell the property or move back in
Longer wait times despite fewer possession claims
The longer waiting times come despite an almost 5 per cent fall in the number of possession claims brought by private landlords under the Section 8 route last year compared to 2024.
The total number of section 8 possession claims brought by landlords in England and Wales in last year was 28,770, down from 30,248 in 2024.
Over the same period, the number of claims brought under the Section 21 process also fell by almost 13 per cent, going from 32,798 in 2024 to 28,598 in 2025.
'This latest data must serve as a stark and final warning to the Government of the dangers of failing to bolster the courts system, before further pressure brings the justice system to its knees,' said Ben Beadle, chief executive of the National Residential Landlords Association.
'It is entirely unacceptable that fewer possession cases are taking longer for the courts to process and enforce.
'If the backlog is increasing now, before the Government's reforms begin to bite in May, there is no hope that the system will be able to cope with what is to come.
'There is no more time to waste. Ministers must urgently explain when and how reforms will be made.
'This needs to include clear targets to see court waiting times falling. Without this, responsible landlords will be left powerless to deal with crippling arrears or community blighting anti-social behaviour.'
Are you stuck with a nightmare tenant? editor@thisismoney.co.uk
