The UK Government is being urged to act quickly to stop delays in the County Court Bailiff system and changes to County Court policy negatively impacting the rented housing sector.
The call comes as new research shows the delays are affecting the supply of rental properties and costing landlords thousands of pounds and months of delay in reclaiming their properties through no fault of their own.
Alan J Smith, Chair of the High Court Enforcement Officers Association, 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 average rent loss per property where someone is being evicted is £12,708 nationally
- This rises to a staggering £19,223 in London where delays are at their worst
- In London average County Court Bailiff delays are eight months and, in many cases, more than a year for an eviction to take place after a judge has ruled that the tenant should be evicted
- Transferring up to the High Court for enforcement in London could reduce landlords’ losses by £12,120 per property (using average figures) but many judges are reluctant to allow the transfer
- At least one County Court is now quoting HMCTS policy as stating that “the county court bailiff will no longer be able to use reasonable force to evict the tenant” where necessary and recommending the use of High Court enforcement if appropriate. This new policy will inevitably cause further delays.
The figures and information come from the new Possessions – Transferring Up report published by the High Court Enforcement Officers Association (HCEOA) with support from its partners the NRLA, Propertymark and Landlord Action. The research looks at the experience of property professionals and landlords in England and Wales when trying to use the County Court and the High Court for enforcing possession orders (evictions). It shows the huge scale and impacts of the problem in the County Court.
Delays have an impact across society
As the County Court eviction delays affect small landlords as well as local authorities and social housing providers trying to take control of their properties there is an impact right across the housing sector:
- Eviction delays limit the availability of social and private rental properties for new tenants
- Local authorities and social housing providers are spending valuable time and resources chasing up County Courts to try and secure eviction dates
- Delays are adding to the frustrations and costs faced by responsible private landlords who are operating within the legal framework, with many now saying they will exit the market
- Delays add to the outstanding debts faced by tenants, worsening their long-term financial situation
‘Transferring up’ to the High Court for enforcement is a key part of the solution
Making greater use of ‘transferring up’ to the High Court for enforcement could help tackle all these issues and save landlords around £12,000 per property in London because High Court Enforcement Officers (HCEOs) can arrange an eviction date within a month of receiving a Writ, but bureaucracy and a reluctance from District Judges to allow the transfer are preventing this from happening.
The HCEOA and its partners have published a two-part blueprint for improvement, identifying changes the UK Government can make that could massively improve the situation almost overnight:
- Engage with District Judges to ensure that requests to transfer up to the High Court for enforcement should always be allowed where the County Court Bailiff delay locally is three months or more or where it is possible that reasonable force may have to be used.
- Simplify the process for ‘transferring up’ so that it’s easier for landlords to request and apply, easier for the County Court to administrate and better for onboarding into future digital reforms of the courts.
Mike Jackson, Vice-Chair of the High Court Enforcement Officers Association (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 becoming debtors of the future.”
Protection for tenants would remain in place
Strong protection for tenants would still be in place as this transferring up process can only take place after a judge has ruled that the tenant should be evicted. HCEOs carry out evictions under the same rules as County Court Bailiffs, and their fees are paid for by the claimant and not the tenant.
Despite this, only 30% of requests to transfer up in London are being approved by District Judges.
Research shows County Courts in London are experiencing the worst delays
Whilst the national picture varies according to region, the research clearly identifies London as the epicentre of all delays.
- 8 months – average waiting time for a County Court Bailiff eviction date after an Order for Possession has been granted by a judge
- £19,223 – average reported unpaid rent at the time of eviction
- 2 out of 10 – average satisfaction rating for the County Court process in London
As a result, landlords in London in particular are being urged to apply for leave to transfer the possession to the High Court for enforcement at the same time as they request an Order for Possession and to ensure they give substantial evidence detailing the grounds for transferring the case in a witness statement supporting the application.
Using the average London rental figures and delays reported in the survey, the HCEOA has calculated that landlords could reduce their losses by over £12,000 per property by switching to the High Court enforcement route in the capital.
Ben Beadle, Chief Executive of the National Residential Landlords Association (NRLA) 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, Head of Policy and Campaigns at Propertymark, 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.
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 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, 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. 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.”
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.”
