The government is being urged to intervene to tackle mounting delays in the County Court system that are costing landlords thousands of pounds and restricting the supply of rental homes across England and Wales.
New research by the High Court Enforcement Officers Association (HCEOA) warns that months-long waits for County Court bailiffs to enforce eviction orders – particularly in London – are deterring landlords from staying in the rental market, compounding pressures on the housing system and undermining confidence in the legal process.
The report, Possessions – Transferring Up, produced in partnership with the National Residential Landlords Association (NRLA), Propertymark and Landlord Action, paints a stark picture of an overstretched and inconsistent County Court system.
It finds that in London, landlords are waiting an average of eight months for a County Court bailiff appointment after a possession order has been granted by a judge. In many cases, delays stretch beyond a year.
DERAILING THE RENTAL SECTOR
During this period, landlords typically lose £19,223 in unpaid rent – far higher than the national average of £12,708. These figures, the report warns, are conservative and do not account for legal costs, mortgage payments, or the wider social and financial impacts of delayed possession.
Alan J Smith, chair of the HCEOA, says that the research exposes “months of needless enforcement delays in the County Court Bailiff system in London in particular, along with what seems to be a new policy that County Court Bailiffs can no longer use reasonable force to evict someone where it is necessary.
“This is threatening to derail the rental sector and hamper economic growth whilst costing social housing providers and landlords tens of thousands of pounds.”
SLOW ENFORCEMENT
And the problem is not confined to private landlords. Local authorities, social housing providers, and housing associations are also being hit by the slow pace of enforcement, which delays efforts to rehouse families and manage social housing stock effectively.
Smith says: “The delays have a ripple effect across the entire housing ecosystem.
“Local authorities and social landlords are forced to chase up courts repeatedly just to secure a date, while tenants who are already in financial distress fall further into arrears, worsening their long-term situation.”
The report attributes part of the crisis to what appears to be a new HM Courts and Tribunals Service (HMCTS) policy, under which County Court bailiffs “will no longer be able to use reasonable force to evict the tenant.”
In practice, this means that bailiffs who encounter resistance during an eviction must stand down and reschedule, causing further delay.
HIGH COURT ACTION
In response, the HCEOA is calling for greater use of “transferring up” cases from the County Court to the High Court for enforcement.
Under this system, once a possession order is granted, a landlord can request permission from a District Judge for the High Court to carry out the eviction.
High Court Enforcement Officers (HCEOs) can usually arrange an eviction date within a month of receiving the writ, rather than the many months required by County Court bailiffs.
The report estimates that if landlords in London were routinely granted permission to transfer up, they could reduce their rent losses by as much as £12,120 per property.
Despite this, only around 30% of transfer-up applications in London are currently approved. Judges, the report suggests, are often reluctant to grant permission, even in areas where County Court backlogs are severe.
BLUEPRINT FOR IMPROVEMENT
To address the problem, the HCEOA and its partners have published a two-part “blueprint for improvement” that they say could “massively improve the situation almost overnight” without any additional cost to government or the judiciary.
The first proposal calls for engagement with District Judges to ensure that transfer requests are routinely approved where County Court delays exceed three months or where reasonable force may be necessary.
The second recommends simplifying the administrative process for transferring cases, making it easier for landlords to request, courts to approve, and the system to integrate into future digital reforms.
TENANT PROTECTIONS
Mike Jackson, Vice-chair of the HCEOA, says: “These changes can be delivered today at no cost to Government, the judiciary, tenants or debtors.
“They would save landlords who already have a court judgment in their favour thousands of pounds, prevent them from exiting the rental market and stop them becoming debtors of the future.”
The HCEOA also stressed that strong tenant protections would remain in place. Transferring up can only occur after a judge has ruled that a tenant should be evicted, and High Court Enforcement Officers operate under the same rules as County Court bailiffs. Their fees are paid by the claimant, not the tenant.
UNSUSTAINABLE
Ben Beadle, Chief Executive of the NRLA, reckons that the current situation is unsustainable.
He says: “Wait times within the court system have reached record levels, ensuring that landlords are unable to take back possession of rental properties in the event tenants display anti-social behaviour or enter extreme rent arrears.
“To address this issue the Government must implement the key recommendations set out in the report, namely by taking the necessary steps to allow cases to be ‘transferred up’ to the High Court, enabling more effective enforcement of eviction orders across the private rented sector.”
TOO LONG, TOO EXPENSIVE
Timothy Douglas, head of policy and campaigns at Propertymark, says the report “lays bare what property agents have long known: that the County Court system in England and Wales takes too long; is too expensive; and delays access to justice for landlords, tenants and agents.”
And he adds: “As significant changes take place for the private rented sector in England, and we reflect on the recently implemented changes in Wales, it is vital that the UK Government make use of existing levers and oil the wheels of the current system.
“Simplifying the process and ensuring transfer-up requests are granted under clearly defined circumstances would allow a greater use of High Court Enforcement Officers, which can provide a more timely and inexpensive resolution for landlords, tenants and agents.”
REAL-LIFE CONSEQUENCES
Paul Shamplina, Founder of Landlord Action, said the delays are having “real-life consequences” for both landlords and tenants.
And he says: “We see the consequences of these delays every day.
“One landlord who applied for a bailiff back in February is still waiting, left in limbo. He urgently needs possession of his only property so he can move in himself.
“Tenants are also trapped. Many know that since they last moved, local rents have soared beyond what they can now afford.
“For them, the only route to council rehousing is to wait until the bailiff arrives, which means months of mounting debt and long-term damage to their prospects.”
BROKEN SYSTEM
He adds: “Landlords cannot be expected to prop up a system that is broken, both in terms of housing supply and the courts.
“Allowing more cases to be enforced by the High Court, under the same rules and protections for tenants, is vital. It’s not about giving landlords an advantage, but about making the system work fairly and efficiently for everyone.”
