Action needed to tackle bailiff backlog

Calls for urgent change to speed up the possession process have been backed by the NRLA.

The move comes after it was revealed some landlords are facing delays of over a year between a judge granting possession and getting their property back, due to delays in the County Court bailiff system.

This is costing landlords on average £12,708 in unpaid rent, a figure rising to almost £20,000 in London – as well as impacting supply, with homes ‘blocked’ by tenants refusing to leave.

How does the bailiff system work?

After you have been granted a possession order to take back your property and the date has expired without the tenants moving out, you must apply for a bailiff warrant for possession. This effectively gets you into the queue for a county court bailiff appointment.

One alternative approach is to transfer your case to the High Court so that a High Court Enforcement Officer (HCEO) can take back your property instead.

These officers are more expensive to employ than a bailiff, but the process is significantly quicker, so it could be worth your while if your tenant is continuing to build up arrears or you know there are excessive delays.

Once a transfer has happened HCEOs can arrange an eviction date within just a month of receiving a Writ, but despite this, only 30% of requests to transfer up in London are being approved by District Judges.

This is something the High Court Enforcement Officers Association (HCEOA) says needs to change to tackle waiting times and boost the supply of homes.

How can the Government tackle the backlog?

The association says the existing process is too bureaucratic and that there is currently a ‘reluctance on the part of District Judges’ to funnel cases in this way.

It is now asking the Government to:

• 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.
• 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.

The calls are included in the new ‘Possessions – Transferring Up’ report, published by the HCEOA with support from partners including the NRLA.

Backing the calls, NRLA Chief Executive Ben Beadle 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, 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.”

I am waitin for a bailiff, what can I do now?

Landlords are now being urged by the HCEOA to apply for leave to transfer possession to the High Court for enforcement at the same time as requesting an Order for Possession.

To read NRLA guidance on how to do this – and what you need to include in the applicaton, click here.