"Landlords cannot be expected to prop up a system that is broken, both in terms of housing supply and the courts"
- Paul Shamplina - Landlord Action
The UK Government is being urged to act quickly to address delays in the County Court Bailiff system and changes to County Court policy that are negatively affecting the rented housing sector.
New research shows that these delays are limiting the supply of rental properties and costing landlords thousands of pounds, often with months of delay in reclaiming properties through no fault of their own.
“Our research highlights 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,” said Alan J Smith, chair of the High Court Enforcement Officers Association.
The study, published in the Possessions – Transferring Up report by the High Court Enforcement Officers Association (HCEOA) with support from the NRLA, Propertymark and Landlord Action, finds that:
The average rent loss per property where someone is being evicted is £12,708 nationally
In London, the average loss rises to £19,223 where delays are most severe
County Court Bailiff delays in London average eight months, often exceeding a year after a judge orders eviction
Transferring cases to the High Court for enforcement could reduce landlords’ losses by £12,120 per property, but many judges are hesitant to approve the transfer
At least one County Court now cites HMCTS policy stating that “the county court bailiff will no longer be able to use reasonable force to evict the tenant” when necessary, recommending High Court enforcement instead
The research examined the experiences of landlords and property professionals across England and Wales when enforcing possession orders, highlighting the widespread impact of delays in the County Court.
Delays affect the wider housing sector
The backlog affects small landlords, local authorities, and social housing providers, creating wider consequences:
Eviction delays reduce the availability of social and private rental properties for new tenants
Local authorities and social housing providers expend valuable time and resources chasing County Courts to secure eviction dates
Responsible private landlords face mounting costs and frustration, with many considering leaving the market
Delays worsen tenants’ outstanding debts, affecting their long-term financial situation
Transferring cases to the High Court could help
Greater use of ‘transferring up’ to the High Court could mitigate these issues and save landlords around £12,000 per property in London. High Court Enforcement Officers (HCEOs) can arrange an eviction date within a month of receiving a Writ, but bureaucracy and reluctance from District Judges often prevent this.
The HCEOA and partners have proposed a two-part blueprint to improve the process:
Work with District Judges to ensure that requests to transfer cases to the High Court are always approved where local County Court Bailiff delays exceed three months, or reasonable force may be needed
Simplify the process for transferring up, making it easier for landlords to apply, easier for County Courts to manage, and better suited for future digital court reforms
“These changes can be delivered today at no cost to the 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,” said Mike Jackson, vice-chair of the High Court Enforcement Officers Association.
Tenant protections remain
Tenant protections would remain intact, as transfers to the High Court occur only after a judge has ordered eviction. HCEOs operate under the same rules as County Court Bailiffs, and their fees are paid by the claimant, not the tenant. Despite this, only 30% of transfer requests in London are approved by District Judges.
London sees the worst delays
The research highlights London as the centre of the problem:
Average waiting time for a County Court Bailiff eviction after an Order for Possession is eight months
Average unpaid rent at the time of eviction is £19,223
Satisfaction with the County Court process in London averages just 2 out of 10
Landlords are advised to request leave to transfer possession cases to the High Court simultaneously with the Order for Possession and provide detailed evidence supporting the transfer in witness statements. Using average London rental figures, landlords could reduce losses by over £12,000 per property by switching to High Court enforcement.
“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,” said Ben Beadle, chief executive of the National Residential Landlords Association.
He added: “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. By adopting this proposal, the Government can stop landlords from having to experience even more disruption when dealing with the court system.”
“This 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,” said Timothy Douglas, head of policy and campaigns at Propertymark.
He added: “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 oils 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.”
“We see the real-life consequences of these delays every day at Landlord Action. 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 by 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,” said Paul Shamplina, founder of Landlord Action.
He added: “Landlords cannot be expected to prop up a system that is broken, both in terms of housing supply and the courts. That is why 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 rather about making the system work fairly and efficiently for everyone.”
