Latest figures published by the Ministry of Justice showed an increase of 21% in the number of private landlord possession claims compared to the same period in the previous year.
But how did evictions increase when the Renters Rights Act has actually changed the process of how tenants can be evicted?
Section 21 no-fault evictions were banned as of 1 May 2026, and under the Act the only way to evict a tenant is through the use of a section 8 notice.
This led to a rush of landlords using the process ahead of its removal at the end of April, whether to get rid of their tenants or to leave the market completely.
Research published by the National Residential Landlords Association (NRLA) in September found that 26% of landlords had sold or are currently selling at least some of their properties following the introduction of the Act.
Where the tenant did not leave after service of the notice, landlords who had served a notice before 30 April had a further deadline of 31 July to start court proceedings.
This additional deadline led to a 68% increase in accelerated possession claims, compared with the same period the previous year.
“The Law Society of England and Wales in a statement published on 12 November, urged the government to invest in the courts.”
Law Society president, Brett Dixon, said: “The courts are not appropriately resourced for what was an expected increase in the number of landlord possessions as a result of the Renters’ Rights Act. This is despite concerns being raised about court capacity as the bill passed through Parliament.”
“The end of no-fault evictions marked the biggest shift, as landlords rushed to repossess their properties before tighter controls take effect,” he added.
Accelerated claims under section 21 were largely a paper-based exercise without a hearing. However, section 8 claims (see box) require a physical hearing before a judge, meaning that while claims may reduce, delays may in fact increase.
Dixon noted that “Without adequate funding, the courts will continue to struggle with backlogs and delays, leaving both landlords and tenants in a state of limbo.”
This latest data comes from the Ministry of Justice Q3 2026 bulletin, which covers the 1 July to 30 September 2026 window.
While paper-based claims surged in Q3, the number of other private landlord claims, including section 8 notices, remained virtually unchanged compared to a year ago due to the requirement for four months’ notice to bring a claim under Ground 1 or 1A, the new sales or moving-in grounds.
The first wave of post-May notices had not reached the courts when the Q3 data was published. Consequently, the real impact of these claims has not yet been seen, and is unlikely to appear until the MoJ publishes its Q4 figures in February 2027.
What replaces section 21?
Fault-based grounds, such as serious rent arrears, breach of tenancy and antisocial behaviour, have been in existence under the Housing Act 1988 for decades. However, historically landlords have preferred the section 21 route.
With the removal of the section 21 eviction process by the Renters’ Rights Act, other no-fault grounds under section 8 were expanded, giving landlords a route to regain their property when the tenant is not at fault.
This was achieved by expanding Ground 1 (allowing a landlord or close family member to move into the property) and inserting a brand-new Ground 1A for landlords intending to sell.
Both these no-fault grounds require four months’ notice and cannot be used during the first year of a tenancy.