Landlords urged to use High Court enforcement to tackle County Court eviction delays
Landlords across England and Wales who are struggling to get their properties back because of months of delays and a ‘postcode lottery’ in the County Court system are being urged to enforce their judgments through the High Court.
Landlords across England and Wales currently face significant delays in evicting problem tenants and reclaiming their properties – these are caused by backlogs in the County Court system.
Some parts of the country, particularly London, often experience delays of a year or more in some cases before an eviction takes place. In many instances, this has been the outcome even once a Possession Order has been granted.
The High Court Enforcement Officers Association (HCEOA) is working with the National Residential Landlords Association (NRLA), Propertymark and Landlord Action to support landlords and inform them of their options.
Why High Court enforcement could be an option right now for landlords
Landlords who haven’t yet applied to the County Court for a Possession Order, can apply for Leave to ‘Transfer Up’ to use the High Court for enforcement at the same time as applying for the Possession Order by adding a ‘Transfer Up’ application to their draft Possession Order.
In some parts of the country, this could save months compared to waiting for an eviction date from a County Court bailiff or having to make a separate application to transfer enforcement to the High Court at a later stage.
For those landlords worst affected by the delays in the system, ‘transferring up’ to use High Court enforcement might be the best option even if they have already applied for a Possession Order.
Evictions are necessary in worst case scenario for landlords
This solution to a nightmare scenario for landlords only occurs when landlords are dealing with a situation where a court has judged that a tenant must leave the property and the tenant has not done so.
It is not a ‘short-cut’ route for an unscrupulous landlord to try to end an agreed tenancy or evict tenants who have done nothing wrong, and it does not undermine any of the principles being talked about as part of the Renters Rights Bill.
A change in legislation would make the situation fairer
As well as providing a solution right now to the worst affected landlords, the HCEOA and its partners are planning on engaging with Government to encourage a change in the law to make the whole process quicker and easier for all landlords. To support this the HCEOA 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.”
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.”
Timothy Douglas, Head of Policy and Campaigns at Propertymark, said:
“Propertymark member agents cite delays at every stage of the possession action process in the County Court, this begins from the initial claim up to the eventual possession by a County Court Bailiff and is the product of many contributing factors. To this end, enforcement timings can drastically differ from region to region. We know that when using a High Court Enforcement Officer, the execution of a Possession Order is notably quicker. It is therefore vital that the UK Government look at reform in this area to improve access to justice in the private rented sector.”
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.”
ENDS
For further information, contact the NRLA’s press office by emailing [email protected] or by calling 0300 131 6363.
Notes to editors
The High Court Enforcement Officers Association represents members across England and Wales, who over the last three years received 335,638 Writs, collecting £315 million in outstanding judgment debt on behalf of businesses and individuals. Find out more at www.hceoa.org.uk.
The National Residential Landlords Association (NRLA) is the UK's largest membership organisation for private residential landlords. It supports and represents more than 110,000 members across England and Wales. Find out more at www.nrla.org.uk.
Propertymark is the UK’s leading professional body of property agents, with over 19,000 members representing over 12,800 branches. Our members are qualified, compliant and experts in their field. Led by regional executives and a highly-experienced board, we are able to drive change and provide education to the sector. Find out more at www.propertymark.co.uk.
Landlord Action is one of the UK’s best known eviction and housing law specialists. It campaigns on behalf of landlords and helps them deal with problem tenants. Find out more at www.landlordaction.co.uk.
