Average time to issue possession order only 7.3 weeks – government 

Average time to issue possession order only 7.3 weeks – government 

The government claims that the median average time from landlord claim to a possession order being issued is only 7.3 weeks.

And it says this is below the HM Courts and Tribunal Service target of eight weeks. 

The claim – which appears to run counter to a number of delays experienced by some landlords – is made in a government answer to an online petition.

Landlord Craig Littlejohn launched the petition in February, and the government is obliged to answer it once it reaches the 10,000 signature threshold.

The petition calls for the introduction of a six-week fast track court process for possessions, a database of court-evicted tenants, and a higher deposit cap.

It’s now received well over 15,000 signatures but the government has only just responded. 

The government says: “Government does not support these proposals. From 1 May 2026, the Renters’ Rights Act will ensure landlords can continue to gain possession when necessary, while offering more security to tenants. 

The Government has no plans to introduce an expedited court possession process for mandatory possession grounds, a tenant vetting database, or to raise the cap on tenancy deposits.

We value the contribution made by responsible landlords, who provide quality homes to their tenants and understand that landlords must have robust possession grounds where there is a good reason to take their property back.

The Renters’ Rights Act (RRA) will introduce a new tenancy system from 1 May 2026. 

These reforms will clarify and expand grounds for possession, allowing landlords to regain possession when necessary, for example to sell or move in. 

Where a tenant is at fault, landlords will be able to seek possession using relevant grounds, including where a tenant commits anti-social behaviour, is damaging the property, or falls into significant arrears. 

While we recommend landlords and tenants work together to address issues, these possession grounds are sufficient to take action when this is not possible.

Most tenancies end amicably without the need for landlords to take possession action in the county court. 

However, the Government recognises that landlords need a smooth and efficient process when taking possession action if needed. 

Currently, the median average time from landlord claim to a possession order being issued is 7.3 weeks, below the HM Courts and Tribunal Service target of 8 weeks. 

Of those landlord possession claims issued in 2024, only a minority (28%) required enforcement by bailiffs, meaning that most cases take less than 27 weeks to resolve.

The Government considers it important that tenants have the opportunity to attend a possession hearing if they wish to challenge an eviction. 

Vital statutory protections for tenants are built into the possession process, such as time available before a hearing to seek legal advice and reasonable notice before an eviction date. 

Safeguarding these tenant protections within the RRA is a key aspect of the Government’s approach to ensuring landlords can reclaim their property when necessary, while ensuring tenants can challenge unfair evictions. 

A shorter ‘expedited’ process would not allow sufficient time for these protections.

We are working closely with HM Courts and Tribunal Service to develop a new digital end-to-end service for resolving all possession claims in the County Courts in England and Wales. 

The service will offer an online route for making and responding to possession claims, filing documents, and receiving updates and outcomes, offering improved user experience through guided journeys. 

The Government does not believe that it is proportionate to create a database for tenants who have previously been evicted by a bailiff following a court possession order. 

“Private landlords and letting agents already have a range of tools available to them to obtain references from their tenants, and may consider various factors when deciding to let to a tenant, including previous or outstanding rent arrears and credit checks. 

With regards to increasing tenancy deposits, the Tenant Fees Act 2019 limits tenancy deposits to no more than five weeks’ rent where the total annual rent is less than £50,000, or six weeks’ rent where the total annual rent is £50,000 or above. 

This is in addition to a refundable holding deposit (to reserve a property) capped at no more than one week’s rent. 

We believe that this strikes the right balance between providing security for landlords and maintaining affordability for tenants.”

This article is taken from Landlord Today