What Landlords Need to Know in 2026

If you are currently waiting for a possession hearing, you are not alone. One of the biggest frustrations landlords are facing in 2026 is the length of time it is taking for cases to progress through the courts. Many landlords begin legal proceedings expecting a straightforward process, only to find themselves waiting several months before a hearing is even listed.

While every case is different, the delays are largely outside the control of landlords, solicitors and even the courts themselves. Judicial availability and a significant increase in possession claims have created record waiting times across many parts of England and Wales.

Understanding what is causing these delays can help landlords plan more effectively and make informed decisions throughout the possession process.

Why Are Possession Hearings Taking So Long?

The main cause of the current delays is the availability of judges to hear cases. County Courts across England and Wales continue to experience significant backlogs. At the same time, changes introduced through housing legislation have resulted in more possession cases entering the court system.

The result is that many courts simply do not have enough judicial capacity to hear cases quickly.

According to the latest Civil Justice Statistics published by GOV.UK, possession proceedings continue to experience lengthy waiting times due to court demand and available judicial resources.

Current Judicial Wait Times

Although waiting times vary depending on the court, landlords should currently expect the following timeline.

From Claim to First Hearing

The average time from submitting a possession claim to receiving a court hearing date is currently between 8 and 16 weeks.

Some courts are processing cases more quickly, while others are experiencing substantially longer delays.

Possession Order

If the court grants possession, tenants are usually given between 14 and 42 days to leave the property, depending on the circumstances of the case.

Bailiff Appointment

If the tenant does not leave voluntarily, landlords must apply for a warrant of possession. This stage is also experiencing delays.

Many County Court bailiff appointments are taking between 6 and 12 weeks, with some busy areas waiting three to four months before an eviction can take place.

Overall Timeline

From issuing proceedings through to recovering possession of a property, landlords should realistically expect the process to take between five and eleven months.

Cases involving disputed evidence, defended claims or complex Section 8 grounds may take even longer.

Why Do Waiting Times Differ Around the Country?

Court performance varies significantly depending on location. Some regional courts are listing hearings within six to ten weeks.

However, courts serving London and many larger cities continue to experience much longer delays due to higher case volumes and limited judicial availability.

This means two landlords with almost identical cases can experience very different timelines depending on where their property is located.

Can Landlords Speed Up the Process?

Unfortunately, there is no way to bypass the court listing process. However, there are several ways landlords can avoid unnecessary delays.

Ensure Your Paperwork Is Correct

Many possession claims are delayed because documents are incomplete or contain errors.

Making sure every notice, tenancy agreement and supporting document is accurate before proceedings begin can prevent avoidable setbacks.

If you are unsure whether your paperwork is compliant, our guide to the ‘Landlord Compliance Checklist 2026’ explains the key legal requirements every landlord should understand before taking action.

Consider Mediation

Courts increasingly encourage mediation before contested hearings.

Where appropriate, mediation can help landlords and tenants reach an agreement without waiting several months for a court date.

While mediation is not suitable for every case, it can significantly reduce delays where both parties are willing to engage.

High Court Enforcement

Where lengthy County Court bailiff waiting times are causing further delays, some landlords may be able to transfer enforcement to High Court Enforcement Officers.

Although this option involves additional costs and is not appropriate in every case, it can often result in possession being recovered much more quickly.

Professional legal advice should always be obtained before considering this route.

What Should Landlords Do While Waiting?

Waiting for a hearing can be frustrating, particularly where rent arrears continue to increase.

During this period landlords should:

• Continue keeping accurate records of rent payments.
• Document all communication with the tenant.
• Respond promptly to any court correspondence.
• Take legal advice before making any changes to the claim.
• Avoid any action that could be interpreted as unlawful eviction or harassment.

Remaining organised will help ensure there are no further delays once the hearing is listed.

The Importance of Setting Realistic Expectations

Many landlords understandably expect possession proceedings to move quickly once court papers have been issued.

Unfortunately, current judicial waiting times mean delays have become the norm rather than the exception.

Knowing what to expect allows landlords to make informed financial decisions, manage tenant relationships appropriately and prepare for a longer legal process than in previous years.

Although the delays are frustrating, having experienced legal advisers managing your case can help minimise avoidable setbacks and ensure your claim progresses as efficiently as possible.

Need Advice About Possession Proceedings?

If you are facing delays with a possession claim or need advice before beginning court proceedings, the team at S4L can help.

We advise landlords across England and Wales on possession claims, tenancy disputes and landlord compliance, helping clients navigate the legal process as efficiently as possible. Call us on 01455553945 or email info@solicitors4landlords.com.