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Landlords rush to issue possession claims before deadline

Landlords accelerated possession proceedings in July to meet the final court deadline for Section 21 notices, resulting in a 28% increase in instructions compared to the previous year, according to new data from Landlord Action.

The surge made July one of the firm’s busiest months in the past year, second only to the period immediately before the Renters’ Rights Act came into force. Nearly one-third of all new instructions related to landlords filing court proceedings before the 31 July deadline, after which valid Section 21 notices could no longer be relied upon unless legal action had already commenced.

Court system under pressure

Paul Shamplina, founder of Landlord Action, said the firm’s staff worked extended hours to handle the volume of enquiries throughout the month. He noted that many landlords had delayed seeking advice until the final days, which created complications.

“Instructing a solicitor immediately before the deadline did not automatically mean a claim could be issued,” Shamplina said. “Every case and every document had to be reviewed carefully because any error in the original notice or supporting paperwork could result in the claim being rejected.”

The rush to file claims now places additional burden on a court system that Shamplina described as understaffed and under-resourced in many areas. Landlords who successfully met the deadline now face potentially lengthy delays for their claims to be processed and heard.

New possession grounds emerge

The data also provides early insight into how landlords are utilising the revised Section 8 possession grounds introduced on 1 May. Among new possession cases recorded in July, 39% involved rent-related grounds, including Grounds 8, 10 or 11. Ground 1A, which permits landlords to regain possession when they intend to sell the property, featured in 30% of cases.

Ground 1, used when the landlord or a family member intends to occupy the property, accounted for 8% of cases, while a further 29% involved other grounds. Some cases relied on multiple grounds.

The shift away from Section 21 comes amid broader changes in the UK rental market, where property transactions have shown signs of stabilising following earlier declines. Meanwhile, house price growth has slowed to 1.8% in July, reflecting broader market adjustments.

Implications for landlords

Shamplina emphasised that the new system requires more evidence from landlords, who must demonstrate that the ground they are relying on genuinely applies to their circumstances. “Selecting a ground is not simply a replacement for Section 21; each one has its own conditions, notice requirements and evidential tests,” he said.

For landlords who missed the 31 July deadline, previous Section 21 notices can no longer be used, requiring them to assess whether one of the new possession grounds applies to their situation.

The firm expects the picture to become clearer over the coming months as more cases progress through the new process and reach the courts, providing further data on how the revised possession system is functioning in practice.

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