The UK court system is on the verge of a severe bailiff crisis, warns Landlord Action, a specialist in eviction and housing law. A growing number of County Court bailiff evictions are being postponed or cancelled, leaving landlords with prolonged waiting periods and increased costs in their efforts to remove tenants.
The Ministry of Justice attributes the delays and cancellations to safety concerns arising from the lack of Personal Protection Equipment for bailiffs. However, Landlord Action asserts that flaws in the court system have been emerging for years.
Paul Shamplina, founder of Landlord Action, cautioned, “This is just the beginning, and without intervention, the problem is going to get worse and worse. The historic lack of investment in the courts is now being compounded by changes in regulations and rising interest rates, sparking landlord panic to exit the rental market.”
During the first quarter of 2023, landlord repossessions in county courts soared by 69% compared to the same period in 2022. “This is before Section 21 is abolished and more eviction cases end up in the courts,” added Paul.
Landlord Action is calling on County Court judges to grant permission for more eviction cases with substantial arrears to be transferred to the High Court, in order to alleviate the burden of the mounting workload. With an increasing number of County Court bailiff evictions suspended, some landlords have already waited over six months to proceed with evictions, causing financial distress.
In a current case handled by Landlord Action, the client waited 16 weeks from the date the possession order was granted (24th January 2023) to the confirmation of the bailiff appointment (16th May 2023), with the eviction scheduled for 2nd August. However, this week, the landlord received a call from the bailiff stating that, due to the PPE issue, rescheduling could take a while. The landlord has already endured a wait of more than six months, while the tenant’s outstanding debt has reached £20,942, increasing by £81.91 daily.
Paul Sowerbutts, head of legal at Landlord Action, remarked, “We’ve offered our client the opportunity to re-apply to have his case transferred up to the High Court, but naturally there is a reluctance as this is yet another cost for the landlord. Whilst the High Court could help alleviate the delays, it won’t solve the crisis we are facing. Whilst bailiffs aren’t striking like other public sector workers, they are following work-to-rule action, and the Government must invest in the court system, including a review of bailiff salaries if they are to improve recruitment and give landlords any confidence in the future of buy-to-let.”
Before landlords can evict tenants, they must serve notice to the tenants and, unless it is a Section 21 notice (which is set to be abolished under the Renters Reform Bill), wait for the relevant County Court to approve the eviction, issue a warrant, and book an eviction date.
Daren Simcox, CEO of High Court Writ Recovery, a private bailiff firm specializing in High Court writs and evictions across the UK, revealed that the number of County Court bailiffs employed by courts to attend evictions has dwindled due to government policies affecting team sizes. Consequently, some bailiffs now cover multiple courts, resulting in unmanageable workloads. Simcox stated, “The bailiffs simply don’t have the time to wait, so if there is a problem on the eviction day, they are moving on after 10-15 minutes, leaving cases unresolved.”