Landlords Urged to Consider High Court Enforcement – County Court Delays
Landlords across England and Wales are being encouraged to explore High Court enforcement as a more efficient alternative to traditional County Court eviction processes, particularly in light of significant delays and regional disparities within the County Court system.
Ongoing backlogs in the County Courts are causing prolonged wait times for landlords seeking to recover possession of their properties from tenants. In some parts of the country—most notably in London—delays can exceed 12 months, even after a Possession Order has been granted. This creates both financial and operational challenges for landlords dealing with problematic tenancies.
To mitigate these delays, landlords who have not yet applied for a Possession Order through the County Court have the option to request permission to ‘transfer up’ the matter to the High Court for enforcement. This request can be included at the time of submitting the initial application by incorporating the transfer-up request into the draft Possession Order.
In areas where County Court delays are particularly severe, this proactive approach can save several months compared to waiting for a County Court bailiff appointment or making a separate application for High Court enforcement at a later stage.
Even for those landlords who have already obtained a Possession Order, transferring the case to the High Court remains a viable option and may offer a faster resolution than continuing through the congested County Court system.
By considering High Court enforcement, landlords can reduce unnecessary delays and regain control of their properties more swiftly, helping to minimise ongoing rental losses and maintain the integrity of their portfolios.
The High Court Enforcement Offices Association has published a landlords and property agents survey to highlight the challenges and delays landlords face around the country. The data and evidence will be shared with the Government to show the scale of the problem landlords are facing and to demonstrate how landlords are being unfairly affected by delays in the County Court system.
Michael Jackson, Vice-Chair of the High Court Enforcement Officers Association (HCEOA), said: “It’s clear that this postcode lottery of delays in County Court evictions is proving to be a real nightmare for landlords in some parts of the country. High Court enforcement isn’t a magic wand, and it won’t be the right choice for every landlord right now, but it can certainly help those facing the worst delays in evictions, which are unfairly costing landlords thousands of pounds.”
Paul Shamplina, Founder of Landlord Action, said: “The delays we are seeing in the County Court system in London and the South East in particular are unbelievable. I know of cases where landlords are facing waiting times of 15 months just to get an eviction date. Ultimately, we need a change in the law to make this situation fairer, but it’s important landlords know their options right now.”
Ben Beadle, Chief Executive of the National Residential Landlords Association (NRLA): “There are landlords across the country who have waited months to have an eviction order granted by a judge who will be forced to wait several more months for an eviction date from over-worked and under-resourced County Court bailiffs. All this time landlords are losing money through lost rent which is no fault of their own. It is an unfair, unacceptable situation for all of these individuals.”
