The government is being urged to intervene to tackle mounting delays in the County Court system that are costing landlords thousands of pounds and restricting the supply of rental homes across the country.
New research by the High Court Enforcement Officers Association (HCEOA) warns that long waits for County Court bailiffs to enforce eviction orders – particularly in London – are deterring landlords from staying in the rental market and adding to the strain on housing availability.
According to the report, Possessions – Transferring Up, landlords waiting for a County Court bailiff appointment face average delays of eight months in the capital, and in some cases over a year.
During this time, they typically lose more than £19,000 in unpaid rent. Nationally, the average rent loss per property stands at £12,708.
DERAIL THE RENTAL SECTOR
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 report also suggests that transferring eviction cases from the County Court to the High Court could significantly reduce losses. High Court Enforcement Officers (HCEOs) can usually arrange an eviction within a month, cutting potential rent losses by an estimated £12,000 per property in London. However, only 30% of transfer requests in the capital are currently approved by District Judges.
FUTURE DEBTORS
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.”
Industry groups including the National Residential Landlords Association (NRLA), Propertymark and Landlord Action – who supported the HCEOA’s research – warn that the situation is creating hardship for landlords and tenants alike.
TRAPPED BY DELAYS
Ben Beadle, chief executive of the 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. The Government must implement the key recommendations set out in the report.”
Timothy Douglas, head of policy and campaigns at Propertymark, added that the current system “delays access to justice for landlords, tenants and agents,” calling for simplified transfer rules to “oil the wheels of the current system.”
Paul Shamplina, founder of Landlord Action, said landlords and tenants alike are “trapped” by delays.
“Landlords cannot be expected to prop up a system that is broken, both in terms of housing supply and the courts,” he said.
