
Delays to the eviction process in the courts are leaving landlords with average losses of £12,700 per property when tenants stop paying rent, the High Court Enforcement Officers Association (HCEOA) has warned.
In London, the average waiting time for an eviction after a court order is eight months and it can often take more than a year, the HCEOA’s research suggests.
The average rent loss per property nationally stands at £12,708, rising to £19,223 in the capital.
The HCEOA says transferring cases to the High Court for enforcement could reduce landlords’ losses by around £12,000 per property, as High Court Enforcement Officers can arrange an eviction within a month of receiving a writ.
However, the association warns that many judges remain reluctant to grant transfers.
In a joint report, the HCEOA in conjunction with the National Residential Landlords Association (NRLA), Propertymark and Landlord Action, say County Court delays are impacting small landlords, local authorities and social housing providers.
They say that lengthy waits are limiting the supply of rental homes and driving some landlords to leave the market.
The report also reveals that at least one County Court is now quoting a new HM Courts & Tribunals Service policy stating that bailiffs “will no longer be able to use reasonable force to evict the tenant”, which the HCEOA says will further slow down the process.
The association is calling on the government to implement a two-part plan that would allow more cases to be transferred to the High Court.
It recommends engaging with district judges to approve transfers where County Court delays exceed three months, and simplifying the transfer process to make it easier for landlords and the courts to manage.
The HCEOA says protections for tenants would remain in place under the proposed reforms, as High Court Enforcement Officers operate under the same rules as County Court Bailiffs.
HCEOA chair Alan J Smith says: “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.”
NRLA chief executive Ben Beadle 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, enabling more effective enforcement of eviction orders across the private rented sector.”
Propertymark head of policy and campaigns Timothy Douglas says: “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.
“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.”
Landlord Action founder Paul Shamplina adds: “We see the real-life 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.
“Landlords cannot be expected to prop up a system that is broken, both in terms of housing supply and the courts.”