Across the UK, landlords are grappling with an increasingly broken eviction system. Mounting County Court delays, confusing enforcement rules, and rising legal costs are creating a perfect storm that’s damaging not only landlords’ finances but also the broader housing market.
Recent research by the High Court Enforcement Officers Association (HCEOA) has revealed that some landlords in London are waiting more than a year just to secure a bailiff appointment — a delay that can cost them almost £19,000 per property in lost rent. The problem is no longer a mere inconvenience; it’s a crisis affecting housing supply, investment confidence, and economic stability.
The Extent of the Delays
According to the HCEOA’s Possessions – Transferring Up report (produced in partnership with the NRLA, Propertymark, and Landlord Action), eviction enforcement through the County Courts is now plagued by long backlogs.
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Average wait times for bailiff appointments are eight months nationally, and over twelve months in London.
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Average financial loss per affected landlord: £12,708 across England and Wales.
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In London: that figure rises to £19,223 per property.
These figures highlight the unsustainable strain landlords face while waiting to regain possession of their properties — often from tenants who have already fallen heavily into arrears or engaged in anti-social behaviour.
Why the System Is Stalling
Several factors are contributing to the gridlock:
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Underfunded and overstretched County Courts – The number of cases far exceeds available bailiff capacity.
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New guidance on “reasonable force” – Restrictions on how County Court bailiffs can enforce possession orders have further limited their ability to act swiftly.
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Administrative inefficiencies – Complex paperwork, inconsistent regional practices, and digital system backlogs make even routine cases drag on.
Alan J. Smith, Chair of the HCEOA, warned that the enforcement system is “threatening to derail the rental sector and hamper economic growth.” The situation is creating months of unnecessary delay and confusion for landlords, letting agents, and local authorities alike.
Wider Impact: Housing Supply at Risk
The ripple effect of these enforcement delays extends far beyond individual landlords.
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Local authorities and housing associations face the same enforcement challenges, leaving much-needed social housing stuck in limbo.
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New tenancies are blocked, worsening the UK’s chronic housing shortage.
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Investor confidence is falling, with many landlords considering exiting the private rented sector altogether due to the combination of financial risk, legal uncertainty, and court inefficiency.
Ultimately, these delays restrict the flow of available homes, making it harder for tenants to find accommodation and driving up rents across the market.
The Case for High Court Enforcement (“Transferring Up”)
The HCEOA has proposed a simple yet potentially transformative solution: allow more eviction cases to be transferred (“transferred up”) to the High Court for enforcement.
High Court Enforcement Officers (HCEOs) can execute possession orders far faster than County Court bailiffs, often completing the process within four weeks. This could save landlords up to £12,000 per property in London and significantly reduce pressure on County Courts.
However, only around 30% of transfer requests are currently approved by District Judges. Many landlords, unaware of the process or facing inconsistent rulings, remain stuck in the County Court queue.
The HCEOA is therefore calling for two key reforms:
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Automatic approval for transfers where local bailiff delays exceed three months or where reasonable force may be needed.
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A simplified digital transfer system to streamline requests and integrate with the Ministry of Justice’s online court platform.
As Vice-Chair Mike Jackson noted, these changes would cost the government nothing to implement, yet would deliver massive benefits to landlords and the rental market.
Industry Voices Unite in Frustration
Leading landlord associations have joined the call for reform.
Ben Beadle, Chief Executive of the National Residential Landlords Association (NRLA), described current court wait times as “record levels” that are preventing landlords from tackling serious rent arrears and anti-social behaviour.
He warned that without urgent reform, more landlords will leave the market, reducing supply and worsening the housing crisis. “By adopting the HCEOA’s recommendations, the government can stop landlords facing even more disruption when dealing with the courts,” Beadle said.
Industry bodies such as Propertymark and Landlord Action have echoed this sentiment, emphasising that without a functioning enforcement system, legal rights to possession are effectively meaningless.
Counting the Costs: Financial and Emotional
For landlords, eviction delays come with both financial pain and emotional strain.
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Rent arrears continue to accumulate month after month.
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Mortgage payments, maintenance, and insurance costs must still be met.
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Legal fees can escalate as landlords pursue enforcement options or attempt to reapply for possession.
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Emotional tolls mount — particularly in cases involving anti-social tenants or property damage.
Many landlords feel abandoned by a justice system that seems incapable of delivering timely outcomes. As one small landlord commented in an NRLA survey:
“By the time the bailiffs arrive, I’ve lost thousands, my property is wrecked, and the tenant has disappeared. It’s soul-destroying.”
A System in Need of Reform
The UK government has long promised to streamline the possession process, particularly following the pandemic backlog and in anticipation of the Renters (Reform) Bill. However, without fundamental court reform and expanded use of High Court enforcement, these promises risk falling flat.
The current delays are undermining faith in the justice system and deterring investment in rental housing — just as the UK faces record demand for affordable homes.
Conclusion: A Call for Action
The message from across the sector is clear: the government must act now. Streamlining possession enforcement through High Court transfers would provide immediate relief for landlords and restore confidence in the legal process.
Failure to do so risks deepening the housing shortage, driving landlords out of the market, and leaving thousands of properties sitting empty — all while tenants struggle to find a place to live.
Contact NetRent
Telephone: 01352 721300
Email: support@netrent.co.uk