Michael Jackson, Vice Chair of the High Court Enforcement Officers Association (HCEOA), set out how High Court enforcement could provide a helping hand for local authorities facing delays in reclaiming properties.
Local authorities across England and Wales are facing mounting challenges in recovering properties, even after possession orders have been granted by the courts. The core issue lies in severe delays within the County Court system, which has become a significant barrier to timely property repossession. These delays not only prolong the housing crisis but also place unsustainable financial pressure on councils already stretched thin.
A System Under Strain
On average, it now takes 24.5 weeks from claim to repossession, an increase that underscores the scale of the problem. In heavily burdened areas such as London, this wait time is often far longer. Courts like Barnet and Central London County Court are booking bailiff appointments as far out as late 2025. One striking example involves a possession order applied for in July 2023, and not enforced until January 2025. Such cases are no longer anomalies but part of a disturbing trend.
The root cause? A critical shortage of County Court bailiffs, with only around 300 available across England and Wales. This bottleneck is leaving properties in limbo and tenants in uncertainty, with local authorities left to absorb the financial fallout.
Every week a possession is delayed, councils continue to lose income through unpaid rent. Beyond that, they are forced to provide costly temporary accommodation for tenants awaiting rehousing. Frozen Local Housing Allowance (LHA) rates have only worsened this issue, creating a £700 million subsidy gap over the past five years. These are costs councils cannot reclaim from central government.
In 2022-23 alone, councils spent £1.6 billion on temporary accommodation. With actual costs in 2023-24 likely closer to £2.42 billion, the burden is staggering. What’s more, the net expenditure for temporary housing has more than doubled in five years—from £479 million in 2018-19 to £1.058 billion in 2023-24.
The High Court: A Viable Alternative?
While reforming the County Court system would be ideal, one effective workaround already exists: transferring possession orders to the High Court for enforcement. High Court Enforcement Officers (HCEOs) can execute possession orders far more quickly than their County Court counterparts. Once a County Court Judgment (CCJ) is transferred, enforcement can begin almost immediately, bypassing what can be a long wait for a bailiff appointment.
This faster process helps local authorities reduce both the length of time rent goes unpaid and the amount of time properties remain unoccupied. More efficient recovery allows for quicker turnover, placing rent-paying tenants back into homes sooner and easing the demand on temporary accommodation.
To understand the scale of potential savings, it’s important to consider the broader picture. Approximately 5% of private renters in England were in arrears in 2023, representing about 220,000 households. These arrears add up to an estimated £240 million in unpaid rent.
Given that local authorities often bear the brunt of this crisis in terms of funding both support services and the provision of temporary housing, the financial impact is profound. The quicker councils can reclaim these properties and replace non-paying tenants with those who can meet rent obligations, the more they can stem their losses.
A Step in the Right Direction
The Local Government Association (LGA) has flagged the sharp rise in subsidy gaps – from £102 million in 2018/19 to £204.5 million in 2022/23 – as a pressing concern. Without intervention, these figures will only continue to climb. Improving efficiency in the property recovery process is one of the few available levers councils can pull.
Transferring to the High Court won’t singlehandedly solve the housing crisis or the underlying issues within the County Court system. But it represents a practical step forward. By speeding up the enforcement of possession orders, local authorities can save millions, reduce their dependence on costly temporary accommodation, and help move more families into stable housing.
The current system isn’t working for councils or landlords, and certainly not for tenants stuck in limbo. While systemic reform is necessary, local authorities can take immediate action to improve outcomes by embracing High Court enforcement where appropriate.
As the housing crisis deepens and local authority budgets tighten, streamlining property recovery isn't just a legal issue, it's a matter of financial survival and social responsibility. The faster we move properties from court orders back into circulation, the sooner we can provide sustainable housing solutions for those who need them most.
