Eviction service Landlord Action has highlighted a critical shortage of bailiffs, which is causing significant delays in court hearings. The shortage is impacting the timely processing of eviction cases, particularly affecting the speed at which bailiff appointments are being scheduled.
The service points out that there are “significant delays” in securing bailiff appointments at County Courts across London. For instance, some of the courts managed by the Stratford Housing Centre are now scheduling these appointments as far out as mid-2025, which is creating a backlog in the eviction process.
In recent weeks, Landlord Action has raised concerns about a significant failure in case processing at Barnet County Court. This issue has led to numerous bailiff appointments being missed, causing further delays in an already strained system. Several of their clients, who had bailiff appointments scheduled for October 2024, were left without the necessary action from bailiffs, adding to the mounting frustration for landlords.
Paul Shamplina, the founder of Landlord Action, provided more details about the situation, explaining that, “Fortunately, in some of our cases, the tenants had already left voluntarily by the time these delays occurred. However, this was not the case in all situations, and many landlords have been left in limbo, unable to progress with evictions due to the lack of action.”
The delay has created a chaotic situation for those involved, especially for landlords who are often already under financial strain from rent arrears or problematic tenants. Shamplina explained that when his case handlers attempted to get information from Barnet County Court, they were consistently routed to a central answering centre with no direct access to the court staff. This has caused significant frustration as the centralised system appears unable to provide timely updates or resolutions to the problems at hand.
This processing failure at Barnet County Court isn’t an isolated case, according to Landlord Action. The organisation believes this issue is likely to spread beyond Barnet, affecting other courts in London. With bailiff appointments already being scheduled as far out as mid-2025 in certain locations, there is a growing concern about the wider impact this will have on landlords across the capital.
As the situation continues to unfold, Shamplina has expressed his belief that the issue must be addressed urgently. If not, the delays will only worsen, and landlords across London could find themselves caught in an ongoing cycle of frustration and financial difficulty. Landlord Action is calling for greater transparency and a more direct line of communication with the courts to ensure that the eviction process can proceed as swiftly and efficiently as possible.
The current state of the bailiff system is alarming, with County Courts across England and Wales facing a severe shortage of bailiffs. It has been reported that only around 300 County Court bailiffs are available to handle the growing number of cases. This shortage is having a profound impact on landlords’ ability to regain possession of their properties, leading to a significant erosion of confidence in the legal system’s ability to support landlords in enforcing eviction orders.
Landlord Action has seen first-hand the consequences of this shortage. In one particularly troubling case at Clerkenwell County Court, the organisation applied for an eviction order in July 2023, only to be informed that the earliest possible eviction date would not be until January 2025. This is a glaring example of how stretched the system is and how long landlords are being forced to wait for the court system to take action.
Recent data from the Ministry of Justice has highlighted the increasing delays across the UK’s courts. The average time from claim to repossession has risen to 24.5 weeks, up from 23 weeks during the same period last year. These figures reflect the growing burden on County Courts and the extended wait times that landlords are now facing. It’s particularly concerning in areas with already strained court systems, such as East and North East London, where courts managed by the Stratford Housing Centre are struggling to keep up with the demand.
The delays in the eviction process are compounded by the fact that some courts, particularly those in high-demand areas, are experiencing even longer wait times. Landlords are finding it increasingly difficult to navigate a system that is not only overburdened but also lacking the resources to handle the volume of cases effectively. This is forcing landlords to endure extended periods of uncertainty and financial strain.
As the crisis continues to deepen, the question remains: how long can landlords and tenants alike endure these prolonged delays? With the growing shortage of bailiffs and the inefficiencies within the court system, it is clear that urgent action is needed to address these issues before the situation worsens further.
To help landlords navigate these mounting delays, Landlord Action is suggesting that they consider High Court (HC) enforcement as an alternative. This could potentially expedite the eviction process, but it is not without its challenges.
Paul Shamplina, the founder of Landlord Action, warns that opting for HC enforcement comes with additional costs. Landlords must also be prepared for the possibility that County Court judges may deny requests for HC enforcement unless the landlord has first attempted enforcement through County Court (CC) bailiffs.
“While HC enforcement can offer a faster route to repossession, it’s not guaranteed,” explains Shamplina. He further highlights that each court operates with its own criteria, meaning that some judges may insist that landlords endure delays with CC bailiffs before even considering HC enforcement.
These added costs and uncertainties can feel like a heavy burden, especially as the delays continue to stretch well into next year. Despite these challenges, Shamplina argues that, for many landlords, HC enforcement could become the only viable solution to avoid severe financial losses.
The issue of delays is particularly prevalent in London County Courts and other major cities such as Manchester, where caseloads are heavier. On the other hand, county courts in less densely populated areas, with lighter caseloads, are not experiencing the same level of delays. This stark difference highlights the uneven burden faced by landlords depending on the location of their case.
The anticipated abolition of Section 21, which currently allows landlords to repossess properties without needing specific grounds, is set to place even more strain on the already overburdened court system. This change is expected to exacerbate existing delays, making it even more challenging for landlords to regain possession of their properties.
In light of this, Paul Shamplina is advising landlords to act swiftly while Section 21 is still in place, emphasising the importance of consulting with letting agents to ensure full compliance and appropriate legal representation. “These delays are only likely to worsen, particularly once the grounds for possession become more restrictive,” he warns.
Shamplina also calls on County Courts to prioritise High Court (HC) enforcement in cases where landlords are facing significant hardship or financial risk. He argues that landlords should not be left in prolonged uncertainty, especially after having already gone through the County Court bailiff process. “Landlords shouldn’t be forced into extended limbo,” he states.
To navigate the mounting delays effectively, Landlord Action is recommending a strategic approach to HC enforcement. Landlords are advised to first file a CC bailiff application and then, after a month, apply for HC enforcement. Although applications for HC enforcement can take two to three months to process, the extensive delays with CC bailiffs may make HC enforcement a potentially quicker and more cost-effective option for landlords facing financial strain.
“We understand that the eviction process can be complex and overwhelming for landlords, with no guarantees of a quick resolution,” says Paul Shamplina. “That’s why we are committed to providing transparency throughout every step of the process, ensuring landlords are fully informed and supported.”
Shamplina adds, “With bailiff delays extending into mid-2025, High Court enforcement could prove to be a vital option for landlords, helping them avoid severe financial losses caused by tenants who are not paying rent.”
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