Landlords urged to turn to High Court to combat eviction delays

Landlords facing long delays in evicting tenants are being urged to consider High Court enforcement as a quicker alternative to the overstretched County Court system.

Laura Murphy, Paralegal in our Dispute Resolution team provides an update.

The High Court Enforcement Officers Association (HCEOA) says landlords in parts of England and Wales are waiting more than a year in some cases to recover possession of their properties, even after being granted a Possession Order by the County Court.

The delays, described as a “postcode lottery,” have left many landlords unable to regain access to their homes while continuing to lose rental income.

To help address the issue, the HCEOA is working alongside the National Residential Landlords Association (NRLA), Propertymark, and Landlord Action to raise awareness of alternative enforcement routes through the High Court.

In areas hit hardest by backlogs—such as London—landlords can request permission to “transfer up” their Possession Order for enforcement by High Court officers, rather than waiting for a County Court bailiff appointment. This request can be made at the same time as applying for the original Possession Order, potentially saving landlords several months.

Michael Jackson, Vice-Chair of the 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.”

The call comes as campaigners also seek legislative change to streamline the eviction process. The HCEOA has launched a survey to gather data from landlords and letting agents, which it says will be used to demonstrate the scale of the problem and press for reform.

Ben Beadle, Chief Executive of the NRLA, added: “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.”

The use of High Court enforcement is only available after a judge has ruled a tenant must leave and the tenant has failed to comply. It does not bypass tenant protections or the ongoing discussions around rental reform under the Renters Reform Bill.

If you would like more information about the issues raised in this article please contact Laura on 01228 516666 or click here to send her an email.