Possession Delays Are Growing: What That Means for Landlords in 2026 and Why Guaranteed Rent Can Help
- Apex Housing Solutions
- Feb 23
- 3 min read
Court Waiting Times Increase as Section 21 Abolition Approaches: Why Guaranteed Rent Reduces the Risk
New research analysing internal court listing data has revealed significant variation in possession hearing waiting times across England and Wales.
According to analysis reported by LegalforLandlords, some courts are currently listing possession hearings up to 16 weeks ahead. The most delayed areas include Barnet, Birmingham, Brentford, Bromley, Central London, Clerkenwell, Croydon, Edmonton, Kingston-upon-Thames, Romford, Slough, Stratford, Wandsworth and Willesden.
At the other end of the scale, some jurisdictions are listing hearings within six to ten weeks, including Aldershot, Blackpool, Bradford, Canterbury, Crewe, Darlington, Gateshead, Great Grimsby, Leeds, Leicester, Milton Keynes, Oxford, Peterborough, South Shields, Stoke-on-Trent, Swindon, Walsall and Watford.
While waiting times vary by location, the wider trend is clear: the court system is under pressure.
Section 21 Is Ending and Possession Will Get Harder
From 1 May 2026, Section 21 “no fault” evictions will be abolished under the Renters’ Rights Act.
After that date, landlords must rely on Section 8 grounds. These are generally more complex, often require a hearing, and can be challenged by tenants.
Industry commentary suggests that this change is likely to increase the number of contested cases and add further strain to courts that are already operating with significant backlogs.
In areas where landlords are currently facing waits of up to four months just to secure a hearing, the abolition of Section 21 is unlikely to reduce timelines.
What This Means Financially
Possession delay is not just a legal issue. It is a cashflow issue.
If a tenant stops paying rent:
Income stops immediately
Mortgage payments continue
Legal fees begin
Court delays extend the loss
With some courts listing hearings up to 16 weeks away and enforcement taking additional time after judgment, landlords can be exposed to months of lost income before regaining control of their property.
Even in areas with shorter waiting times, delays of two to three months are common.
How Guaranteed Rent Changes the Equation
Under a guaranteed rent agreement with Apex:
Apex is the legal tenant
Apex continues to pay the landlord rent
Apex handles any court application
Apex manages the possession process
If an occupant fails to vacate or rent is unpaid at the occupier level, that risk sits with Apex, not the landlord.
The landlord’s income remains consistent throughout the process.
This is not theoretical protection. It is a contractual one.
The Risk Is Increasing, Not Decreasing
Mike Hookway, COO of Apex Housing Solutions, commented:
“We are already seeing extended possession timelines in many parts of the country. Once Section 21 is removed and more cases move under Section 8, court delays are only likely to increase. For landlords relying on rent to service mortgages or supplement income, that creates real financial exposure. It’s no surprise that many experienced landlords are reviewing their models and moving toward guaranteed rent arrangements where income certainty is built in.”
Stability in a Changing Legal Landscape
The Renters’ Rights Act is reshaping the private rented sector.
Longer court timelines, more contested hearings and increased procedural complexity all point toward greater uncertainty for landlords operating independently.
Guaranteed rent does not remove legal process from the system but it transfers the operational and financial risk away from the landlord.
In an environment where possession could take months, income certainty becomes more valuable than ever.
If you’re reviewing your exposure to arrears and possession delays or considering whether guaranteed rent is the right structure for your portfolio speak to us.
📞 0203 0304 241
Income stability should not depend on court availability.