Landlord Action founder Paul Shamplina says landlords are still being hit by unacceptable delays in regaining possession of their properties.

Shamplina has given one vivid example of the delays – the case of Dr Reneé Hoenderkamp who filed an eviction notice in January 2023 because her tenant was not paying rent and had damaged her property. 

Thirteen months later she is still waiting for a bailiff appointment.

October 2022 – Served her tenant with a Section 21 but by January he had not left;

January 2023 – Filed the eviction notice with the court;

March 2023 – Heard back from the County Court with hearing date for June;

June 2023 – At the hearing, the tenant failed to show up. The court required the EPC certificate and tenant handbook which the tenant had, so court was adjourned until the landlord could obtain these;

September 2023 – Second hearing, possession granted and tenant given 14 days to vacate. However court did not send seal court until the following month. Tenant did not leave; 

31 October 2023 – Sealed order finally received and landlord paid for bailiff order;

February 2024 – Landlord has still not received a bailiff appointment and the tenant remains in her property.

Hoenderkamp herself says: “I never set out to be a landlord. I was helping my son out who needed to move quickly. However, I have always been very fair allowing the tenant to pay below market value rent, attending to any issues with the property and this is what I have got in return. 

“The property is trashed and I can’t even get it back to start making the repairs. When I contacted the helpline, I was told by Willesden County Court that they can’t chase for a bailiff appointment until it has been 17 weeks. It’s an absolute disgrace.”

Shamplina says many landlords are experiencing frustratingly long waits just to secure a court date, let alone obtain possession orders. 

And once possession is granted, further delays occur in receiving the crucial sealed court order necessary to proceed with bailiff eviction. Bailiffs will not schedule an eviction appointment until landlords possess the sealed order, adding yet another layer of delay and frustration to an already protracted process.

Shamplina says: “It’s incredibly disheartening to see landlords facing such prolonged delays in regaining possession of their properties. It’s a system in crisis. The inefficiencies within the court system are causing undue hardship for landlords who simply wish to exercise their legal rights.”

Furthermore, even after obtaining the necessary documentation, landlords are being met with additional setbacks as they are informed of unavailability in bailiff appointment slots for months ahead. 

He says backlog in bailiff appointments adds insult to injury for landlords who have already endured extensive waiting periods within the court system.

“It is important to point out that these are not Section 21 no fault evictions where perhaps the landlord wants to sell, they are Section 8 evictions which have been brought to court because the tenant has breached their tenancy agreement and the judge has granted possession. Yet landlords are still being forced to wait months and months to get their properties back” adds Shamplina. 

“Surely, it’s time for substantive reforms, including the option for landlords to employ High Court Enforcement Officers in cases of significant arrears exceeding six months, mitigating the backlog and ensuring a balanced, effective resolution mechanism for both landlords and tenants. Despite the severity of the situation, this is still not happening frequently enough” concludes Shamplina.