The UK Government is being urged to take immediate action to address growing delays within the County Court Bailiff system, which are said to be causing major disruption across the rented housing sector.
New research from the High Court Enforcement Officers Association (HCEOA) reveals the delays are costing landlords thousands of pounds and preventing them from reclaiming properties months after judges have ruled in their favour.
Alan J Smith, 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 HCEOA’s new report, Possessions – Transferring Up, produced with support from the NRLA, Propertymark and Landlord Action, found the average rent loss per property awaiting eviction is £12,708 nationally, rising to £19,223 in London.
County Court Bailiff delays in the capital average eight months, and in many cases exceed a year, despite landlords already holding a court order.
The report argues that transferring cases to the High Court for enforcement could cut losses by more than £12,000 per property, but only 30% of such requests are currently approved by judges.
Mike Jackson, vice-chair of the 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.”
The HCEOA and its partners have urged the Government to engage with district judges to ensure that requests to transfer up to the High Court are approved when local County Court delays exceed three months, or when reasonable force may be required.
They have also called for the process to be simplified to make it easier for landlords to apply and for courts to administrate.
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.
“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.”
Timothy Douglas, head of policy and campaigns at Propertymark, added: “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 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.”
