Court Delays Cost Landlords Thousands as Eviction Backlogs Worsen
Landlords across the UK are calling on the government to take urgent action over growing delays in the County Court Bailiff system and recent changes to court policy that are making it increasingly difficult to regain possession of properties.
New research has revealed that these delays are costing landlords thousands of pounds in lost rent and are reducing the availability of rental homes across the country. The backlog means landlords are waiting months — in some cases, over a year — to recover properties, despite having court orders in their favour.
According to the High Court Enforcement Officers Association (HCEOA), the average loss of rental income per property where an eviction is required now stands at £12,708 nationally. In London, where delays are most severe, this figure rises dramatically to £19,223 per case.
On average, landlords in the capital are waiting around eight months for County Court Bailiffs to carry out an eviction after a judge has granted a possession order. In many cases, the process takes even longer, with some landlords waiting more than a year to recover their properties.
The HCEOA says that transferring a case to the High Court for enforcement could significantly reduce these losses — by an estimated £12,120 per property — because High Court Enforcement Officers (HCEOs) are able to set eviction dates within a month of receiving a Writ. However, many judges remain hesitant to approve such transfers, leaving landlords stuck in lengthy queues.
The situation has been made worse by reports that at least one County Court has adopted a new policy preventing bailiffs from using “reasonable force” to evict tenants when necessary. The same court has advised landlords to consider the High Court route instead. The HCEOA warns that this policy change will lead to further backlogs and additional financial strain for property owners.
Alan J Smith, Chairman of the HCEOA, has expressed serious concern about the worsening situation. He explained: “Our research highlights months of needless enforcement delays in the County Court Bailiff system, especially in London. The suggestion that bailiffs can no longer use reasonable force when needed is deeply concerning. These changes are threatening the stability of the rental sector and hindering economic growth while costing landlords and social housing providers tens of thousands of pounds.”
The research was carried out by the HCEOA in partnership with the National Residential Landlords Association (NRLA), Propertymark, and Landlord Action. Their findings suggest that encouraging more cases to be “transferred up” to the High Court could help resolve the crisis. The High Court route allows for faster enforcement and ensures landlords can recover possession much more efficiently.
Despite these benefits, bureaucracy and judicial reluctance continue to limit the number of cases transferred. Currently, only 30% of requests to move cases to the High Court in London are being approved by District Judges, leaving the majority of landlords with no choice but to endure long delays.
To address this, the HCEOA and its partners have released a two-part blueprint for improvement, outlining practical changes the government could implement to fix the system quickly.
First, they propose that District Judges should automatically approve requests to transfer a case to the High Court if the local County Court Bailiff delay exceeds three months, or if there is any chance that reasonable force may be required during the eviction.
Second, they are calling for the process of “transferring up” to be simplified. This would make it easier for landlords to apply, more straightforward for the County Court to handle, and more compatible with future digital reforms within the court system.
Crucially, tenant protections would remain fully intact under this proposal. A transfer to the High Court can only happen after a judge has already decided that the tenant must leave the property. HCEOs operate under the same legal rules as County Court Bailiffs, and all associated fees are paid by the claimant — not the tenant.
Across the UK, eviction delays vary by region, but the research identifies London as the worst affected. The capital now records an average wait time of eight months for a County Court Bailiff appointment following an Order for Possession. Landlord satisfaction with the process is extremely low, averaging only two out of ten among those surveyed.
Given the worsening situation, landlords — particularly in London — are being urged to apply for permission to transfer cases to the High Court at the same time as they apply for an Order for Possession. Including detailed evidence within their witness statements can help strengthen their case for transfer and improve their chances of approval.
Using London’s current rental averages and delay estimates, the HCEOA calculates that landlords could save more than £12,000 per property by opting for High Court enforcement instead of waiting for the County Court process to conclude.
Ben Beadle, Chief Executive of the NRLA, said: “Wait times within the court system have reached record levels, making it almost impossible for landlords to regain possession when tenants engage in anti-social behaviour or fall into significant rent arrears. The government must act quickly by implementing the recommendations in this report and allowing more cases to be transferred to the High Court for faster enforcement.”
Paul Shamplina, Founder of Landlord Action, echoed these concerns. “One landlord who applied for a bailiff back in February is still waiting,” he said. “He needs his property back so he can move in himself. Tenants are also suffering — many cannot afford rising local rents and must wait for bailiffs before qualifying for council rehousing. This means months of debt and uncertainty for everyone involved.”
He added: “Landlords can’t be expected to support a system that no longer works. Allowing more evictions to be enforced by the High Court, under the same rules and protections for tenants, is not about giving landlords special treatment — it’s about restoring fairness and efficiency to a broken process.”
The findings highlight an increasingly urgent issue within the private rented sector. As court backlogs grow, both landlords and tenants are left in limbo, while the rental housing supply continues to suffer. Without swift reform, experts warn that the delays could drive more landlords to leave the market altogether — further intensifying the UK’s housing shortage.