Eviction service Landlord Action says a critical shortage of bailiffs is creating vast delays at court hearings.
The service cites what it calls “significant delays” in bailiff appointments at County Courts across London.
For example seven courts managed by the Stratford Housing Centre are now scheduling bailiff appointments as far out as mid-2025.
In recent weeks, Landlord Action has been alerted to a severe case processing failure at Barnet County Court, where several clients scheduled for bailiff appointments in October 2024 were left unattended by bailiffs, leading to further delays.
“Fortunately, in some of our cases the tenants had by then left voluntarily but not in all cases. We have struggled to get updates from the court in Barnet” says Paul Shamplina, founder of Landlord Action.
“When our case handlers call, they’re routed through a central answering centre, with no direct access to the court itself. We believe this issue, left unaddressed, is likely to extend beyond Barnet and affect landlords across London.
“It’s abundantly clear that County Courts are facing a severe bailiff employment crisis, with only around 300 County Court bailiffs available across England and Wales.
“This shortage is eroding landlords’ confidence in the legal system’s ability to help them regain possession.”
In one recent case at Clerkenwell County Court, Landlord Action applied for an eviction order in July 2023 only to be told they could expect an eviction date by January 2025.
According to Ministry of Justice data released just last week, the average time from claim to repossession across the UK has increased to 24.5 weeks (up from 23 in the same period last year), with extended wait times now anticipated at heavily burdened courts in East and North East London, such as those overseen by the Stratford Housing Centre.
To mitigate these delays, Landlord Action is advising landlords to consider High Court (HC) enforcement as an alternative.
However, Shamplina warns that this option comes with additional fees, and the potential for County Court judges to deny HC enforcement requests unless landlords have first attempted County Court (CC) enforcement.
“While HC enforcement can offer a faster route to repossession, it’s not guaranteed”explains Shamplina.
“Each court has its own criteria, and some judges require landlords to endure delays with CC bailiffs before they’ll consider it.
“These added costs and uncertainties are a burden, but with delays stretching into next year, HC enforcement may be the only feasible option for landlords at risk of severe financial loss. Notably, these severe delays appear to be concentrated in London County Courts and other major cities, such as Manchester, while county courts with lighter caseloads are not experiencing the same issues.”
The abolition of Section 21, which currently allows landlords to repossess properties without specific grounds, is expected to increase pressures on the already overburdened court system.
Shamplina is urging landlords to act quickly while Section 21 remains available, and to consult closely with letting agents to ensure compliance and proper legal representation.
“These delays are only likely to worsen, particularly once grounds for possession become more restricted.
“We’re calling on County Courts to prioritise permission for HC enforcement in cases where landlords face real hardship or financial risk. Landlords shouldn’t be forced into extended limbo, especially when they’ve already tried the standard CC bailiff process.”
Landlord Action recommends a strategic approach to HC enforcement, advising landlords to file a CC bailiff application, then apply for HC enforcement after a month. While HC enforcement applications may take two to three months, the lengthy CC bailiff delays make HC enforcement a potentially faster and cost-effective option.
“We know this process is complex and daunting, with no guarantees, and we’re committed to providing transparency to landlords every step of the way” concludes Shamplina.
“With bailiff delays reaching mid-2025, HC enforcement could ultimately protect landlords from severe financial losses caused by non-paying tenants.”
