On 26 August 2026 the Online Procedure Rule Committee published a draft Practice Direction for a new digital process for possession claims, the Digital Possession Service.
The rules behind it, the Online Procedure Rules 2026, come into force on 7 September 2026, and the digital service itself launches in phases from a date still to be announced later in September 2026. The draft Practice Direction is not yet final and may still change before it is published, but here is what we know now.
The practical effect is a faster process once a claim is issued, since the hearing date is fixed automatically and the case then runs to a set timetable. The trade-off comes at the start. Because nothing can be added or corrected after issue without the Court’s permission, the claim has to be complete and accurate at that point, rather than something that can be refined as the case goes on. That forces the work on the claim to be front loaded and prevents Landlords from issuing a claim and then building up the evidence needed to establish it at a later date.
Who is Affected First
The new Practice Direction is being rolled out in phases. The first phase sees it introduced for Registered Providers of Social Housing in England and Community Landlords in Wales with properties in the postcode areas served by Bradford, Caernarfon, Huddersfield or Wandsworth County Court. It will then be rolled out to other social landlords, community landlords and private landlords in due course.
What is Changing
- The Online Claims are front loaded. Every supporting document, the tenancy agreement, any notice seeking possession, the rent statement, (and in Wales the EPC, gas safety and electrical certificates), has to be uploaded when the claim is issued.
- Once issued, the claim cannot be amended without the Court’s permission, so it has to be right first time.
- The Court sets the first hearing automatically, generally within eight weeks, with no scope to negotiate that date. This should see cases heard considerably more quickly than is currently the case in many Courts.
- Rent Arrears have to be updated and re-verified within a day of the hearing, every time, or the figure used at issue stands.
- Nothing is served directly on the other side. Everything goes through the Court, which adds a four day deemed delivery period for anything sent by post.
- A false or careless statement of truth at any stage can amount to contempt of court, so sign off procedures on claims and witness evidence need to be tight.
- At the moment, disclosure, costs, expert evidence and changes of legal representative among them, are still governed by the Civil Procedure Rules, so a qualifying claim runs under both sets of rules at once until the gaps are filled
Timeline
- 7 September 2026: Online Procedure Rules 2026 come into force
- September 2026: Digital Possession Service launches for the first phase of claims
- The final version of the Practice Direction is yet to be published and we are still waiting for the timetable on when the online scheme will be rolled out to other Courts and Private Landlords.
Next Steps
Whether or not you fall within the first group affected, it is sensible to start preparing for these changes now. Having paperwork in order before bringing a claim, the tenancy agreement, any notice seeking possession, an up to date rent statement, records of any reports of disrepair and works carried out during the tenancy, and the EPC, gas safety and electrical certificates, has always been best practice. But with legislation getting tighter, Landlords are having to jump through more hoops than ever and it is getting even more difficult for them to recover their property. A minor mistake by a Landlord can make it impossible for them to enforce their rights.
If you need to regain possession of your property from a tenant or require guidance on whether you are meeting your obligations as a Landlord, please contact Claire-Elaine Arthurs at cearthurs@excellolaw.co.uk
