County court eviction backlog leaves landlords £19,000 out of pocket

Landlords are losing thousands of pounds as county court bailiff backlogs stretch eviction timescales to unprecedented lengths, research reveals.

The High Court Enforcement Officers Association (HCEOA) says that landlords face average losses of £12,708 in England and Wales when attempting to repossess properties through legal channels.

But that figure soars to £19,223 in the capital, where waiting times have ballooned to eight months.

However, the situation is deteriorating as at least one county court says that bailiffs will no longer apply reasonable force during evictions, instead recommending High Court alternatives.

Months of delays in enforcement

Alan J Smith, the chair of the HCEOA, said: “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.”

The report by HCEOA and its partners including the NRLA, Propertymark and Landlord Action, examines enforcement experiences across England and Wales.

It found widespread problems affecting everyone from individual landlords to local authorities.

Cut bailiff waiting times

One potential solution is to transfer possession orders to High Court enforcement officers which could slash waiting times dramatically.

Evictions could be arranged within one month of receiving a writ.

For London landlords, this route could save approximately £12,120 per property using average calculations.

However, District Judges approve only 30% of transfer applications in the capital, creating a bureaucratic bottleneck.

Reduce admin burdens

The HCEOA has outlined a two-stage solution requiring no public expenditure.

Firstly, engaging with District Judges to ensure transfer approvals when county court backlogs exceed three months or reasonable force might prove necessary.

Secondly, streamlining the transfer application process to reduce administrative burdens.

Mike Jackson, the vice-chair of HCEOA, said: “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 from becoming debtors of the future.”

A year to evict

The organisation also says that tenant protections would remain intact under this approach, as transfers occur only after judicial rulings.

High Court enforcement officers operate under identical regulations to county court bailiffs, with claimants rather than tenants covering associated costs.

London emerges as the nation’s worst-affected region, with satisfaction ratings averaging just two out of 10 for county court processes.

Some cases now exceed 12 months from the possession order to actual eviction.

Eviction system is broken

Ben Beadle, the NRLA’s chief executive, said: “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.”

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.”

Timothy Douglas, Propertymark’s head of policy and campaigns, said: “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.

“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.”

Paul Shamplina, the founder of Landlord Action, said: “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 himself. Tenants are also trapped.”

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.”