High-risk evictions paused over safety concerns
The NRLA has received correspondence from HM Courts and Tribunals Service (HMCTS) informing us that certain types of ‘high-risk’ bailiff evictions are to be temporarily paused in some regions.
It is expected that the situation should be resolved within two months.
Why is HMCTS pausing some bailiff eviction?
In some regions those evictions pre-assessed as ‘high-risk’ are being paused, pending the provision of ‘bespoke personal protective equipment’, in order to maintain the safety of county court bailiffs.
What will be the likely impact?
HMCTS expects the impact to vary regionally, with some regions largely unaffected. Assurances have been made that measures are in place to ensure urgent work continues, and the issue is expected to be fully resolved within two months.
In the meantime, in affected areas, there may be delays the execution of warrants for possession.
This limited pause is not expected to affect the majority of bailiff evictions, nor should it impact those possession claims which do not require enforcement action.
At present it remains unclear exactly what constitutes a high-risk eviction, or what areas are expected to be hardest hit. The NRLA has requested an urgent meeting with the HMCTS leadership to discuss and assist with finding speedy solutions.
In the meantime, if you are going through a possession claim, and possession is required urgently, you should consider applying for the possession order to be transferred up to the High Court to speed matters up.
Commentary
Nobody wants county court bailiffs to come to harm executing warrants for possession, of course they should be appropriately equipped to protect themselves against the hazards associated with an often-challenging occupation. However, this is another example of the courts system being insufficiently resourced to provide the services, and service level, required by the housing sector.
If these cases are deemed too high-risk for trained bailiffs to manage without additional, bespoke, PPE we can only assume that the households at their root may also represent a hazard to their landlords seeking possession and their neighbours.
It is unclear whether this decision has been prompted by an increase in 'high-risk' evictions, or incidents of abuse or injury, but it is unsettling given the pre-existing shortage of county court bailiffs and difficulties encountered in recruiting to fill vacancies.
Considering the vital importance of an effective and efficient courts service on the successful delivery of the Renters (Reform) Bill, currently before Parliament, this is another reminder of the need to reform court processes and capacity in parallel with the statute book.
