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Landlords Increased Possession Claims by 28% Ahead of Section 21 Deadline

Landlords significantly increased possession proceedings in July to meet the final court deadline for Section 21 notices, resulting in a 28% rise in instructions compared to the previous year.

  • Landlord Action saw a 28% increase in instructions for possession proceedings in July compared to the previous year.
  • Nearly one-third of all new instructions in July related to landlords filing court proceedings before the 31 July deadline for Section 21 notices.
  • Among new possession cases recorded in July, 39% involved rent-related grounds, and 30% used Ground 1A for selling the property.

Landlords accelerated possession proceedings in July to meet the final court deadline for Section 21 notices, leading to a 28% increase in instructions compared to the previous year, according to new data from Landlord Action. This 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 this date, valid Section 21 notices could no longer be relied upon unless legal action had already commenced.

Paul Shamplina, founder of Landlord Action, stated that staff worked extended hours due to the volume of enquiries, noting that many landlords delayed seeking advice until the final days. He cautioned that instructing a solicitor immediately before the deadline did not guarantee a claim could be issued, as every case and document required careful review to avoid rejection.

The rush to file claims is expected to place additional burden on the court system. Landlords who met the deadline may face potentially lengthy delays for their claims to be processed and heard.

Early data on the revised Section 8 possession grounds, introduced on 1 May, shows that 39% of new possession cases in July involved rent-related grounds (Grounds 8, 10, or 11). Ground 1A, which allows landlords to regain possession to sell the property, featured in 30% of cases. Ground 1, for landlord or family occupation, accounted for 8% of cases, with 29% involving other grounds.

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. He stated that selecting a ground is not simply a replacement for Section 21, as each has its own conditions, notice requirements, and evidential tests.

Why this matters: The shift away from Section 21 notices marks a significant change in the UK rental market's possession process, requiring landlords to adapt to new legal grounds and evidential requirements.

What this means for you: If you are a landlord who missed the 31 July deadline, previous Section 21 notices can no longer be used, and you will need to assess whether one of the new possession grounds applies to your situation.

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