Editor's note: This brief was summarised by The Property AI Newsroom from a report by The Negotiator. Read the original article for full details.
Landlord Possession Instructions Surge Before Section 21 Deadline
Landlord Action has reported a 28% increase in landlord possession instructions in the year leading up to the 31st July Section 21 deadline. Nearly a third of these instructions were related to progressing Section 21 cases before the final court deadline.
Under transitional arrangements following the introduction of the Renters’ Rights Act, landlords who served a valid Section 21 notice before 1st May 2026 had until 31st July, or the earlier expiry date of the notice, to begin possession proceedings. Landlords who missed this deadline can no longer rely on that notice and must now use one of the revised Section 8 grounds.
Landlord Action highlighted that many landlords waited until the final days before the deadline to seek advice or progress claims. The organisation noted that instructing a solicitor immediately before the deadline did not guarantee a claim could be issued, as each case and document required careful review to avoid rejection due to errors.
The report also points out that landlords are now dependent on a court system described as understaffed, under-resourced, and struggling with existing caseloads. This situation may result in lengthy waits for claims to be processed, heard, and enforced.
Landlord Action’s figures provide early insight into how landlords are using the revised Section 8 possession grounds introduced from 1st May. In July, 39% of new possession cases involved rent-related grounds (Grounds 8, 10, or 11). Ground 1A, which allows landlords to regain possession when intending to sell, featured in 30% of cases, while Ground 1, for landlords or family members intending to occupy the property, accounted for 8%. A further 29% of cases involved other grounds, with some cases relying on more than one ground.
The report notes that the new system is more evidence-led, requiring landlords to demonstrate that the ground they are relying on genuinely applies. Each ground has its own conditions, notice requirements, and evidential tests. Landlord Action expects the situation to become clearer as more cases progress through the new process and reach the courts.
Source: The Negotiator