How the Online Procedure Rules will change possession claims on 7 september 2026

After the Renters' Rights Act 2025 came into force on 1 May 2026, and with the last Section 21 claims online being accepted up until 31 July 2026, Landlords and Agents may have been forgiven for thinking there would be no more significant changes this year. Changes to the possession claims process, which are due to come into force on 7 September 2026, give more significant changes for Landlords and Agents to familiarise themselves with. 

Background

In 2016, Briggs LJ (as he was then) made a number of proposals for reform as part of his review of the structure of the civil courts. He noted, amongst many things, there was a lack of adequate access to justice for ordinary individuals and small businesses and proposed to address this by the introduction of an online court. 

Since then, HMCTS (His Majesties Court and Tribunal Service) have included online dispute resolution as part of its £1 billion programme of court and tribunal reform, and there have already been various pilot schemes tested. An online court procedure was included within the Judicial Review and Courts Act 2002, which received Royal Assent on 28 April 2022. This included the provision for Online Procedure Rules ("OPR") and an Online Procedure Rules Committee ("OPRC"). 

On 26 June 2026, the Online Procedure (Rules and Practice Directors) Rules 2026 (SI 2026/696) were laid before Parliament and come into effect on 7 September 2026. This includes that the new OPR will initially only apply to possession proceedings, details of which are to be set out in a new Practice Direction (Online Procedure Rules for Possession Proceedings), which we understand the OPRC are currently working on and we expect to be released soon in advance of 7 September 2026.

impact

Whilst the changes shall, initially, only apply to possession proceedings, we anticipate that a successful national implementation will eventually lead to digital proceedings becoming the default in most cases before the Civil and Family Courts. 

This is going to be a fundamental change for Landlords and Agents who are accustomed to paper-based processes and court workflows. Claims will, in most cases, be; started, managed, progressed and (often) concluded online. 

The OPR shall also enhance the existing obligations on parties under the Civil Procedure Rules ("CPR"). Under the OPR, parties must; assist the court in furthering the overriding objective, where appropriate proactively seek settlement, cooperate fully with case management including identifying and narrowing the issues early and act in good faith at all times.  

Landlords should be prepared for the standard possession timelines to be different than under the existing process, with the court having the ability to extend or shorten deadlines and bring hearings forward or adjourn them. This gives the court a great deal of flexibility to manage cases, however, it also means there shall be a great deal of unpredictability in the court process. 

Landlords should be prepared to seek early specialist legal advice to ensure in each case they are prepared and being proactive in their approach. 

Suggested action

With the new changes less than two months away, Landlords / Agents need to start preparing by carrying out a review of internal processes to ensure;

a) Vulnerable tenants are identified and appropriate communication methods must be adopted for each tenant. 

b) Any issues are identified and specialist legal advice is obtained early in the process or before proceedings start. 

c) If a solicitor or agent is to be instructed, to do this at an early opportunity to ensure notice of hearings and case documents are sent to them promptly. 

d) If no solicitor or agent is to be instructed, identitfy who is to receive electronic notifications and ensure these are read and acted on. With a digitial process, it is more important to ensure, in the case of staff absences or holidays, access to the notifications are arranged and regular checks carried out. 

e) If the court procedure is to be actioned internally, that staff are comfortable in using online court systems. 

f) An early approach is taken to settlement discussions.

g) Watch out for the release of the Online Procedure Rules for Possession Proceedings.

how to instruct us

If you are concerned at how these changes will impact you or are interested in instructing us on an ad-hoc or regular basis, please contact David Watson on 07425 744 078. .