Bailiff Delays Costing Landlords Thousands, Say Enforcement Experts

The government is being urged to act over worsening County Court Bailiff delays and new policies that are leaving landlords thousands of pounds out of pocket and further depleting rental stock.

New research by the High Court Enforcement Officers Association (HCEOA) reveals that landlords are losing an average of £12,708 per property during the eviction process — rising to a staggering £19,223 in London, where delays are at their worst.

In the capital, County Court Bailiff waits now average eight months, with some cases taking over a year even after judges have ordered eviction. The HCEOA says transferring cases to the High Court for enforcement could reduce losses by up to £12,120 per property, yet many judges are still reluctant to approve such transfers.

The Association also reports that at least one County Court has issued internal guidance stating that bailiffs “will no longer be able to use reasonable force to evict the tenant,” a move the HCEOA warns will cause even longer delays.

Alan J Smith, HCEOA Chair, said:

“Our research highlights months of needless enforcement delays in the County Court Bailiff system, particularly in London, along with what seems to be a new policy restricting the use of reasonable force. This is threatening to derail the rental sector and hamper economic growth whilst costing landlords and social housing providers tens of thousands of pounds.

The research — conducted jointly with the NRLA, Propertymark, and Landlord Action — calls for urgent government action. It sets out a two-part blueprint to improve enforcement and reduce backlogs:

  1. Ensure transfers are allowed where County Court delays exceed three months or where reasonable force may be required;
  2. Simplify the “transfer up” process so that it is easier to request, administer, and integrate into future court digitisation reforms.

The HCEOA stresses that tenant protections remain unchanged — evictions can only proceed after a judge has granted possession, and High Court Enforcement Officers (HCEOs) follow the same rules as County Court Bailiffs.

Despite this, only 30% of requests to transfer up in London are currently approved. Nationwide, satisfaction with the County Court process has fallen to an average of just 2 out of 10, the lowest in years.

Ben Beadle, Chief Executive of the NRLA, said:

“Wait times within the court system have reached record levels. The government must act to allow more cases to be transferred to the High Court, ensuring landlords can regain possession where there are serious arrears or anti-social behaviour.”

Paul Shamplina, founder of Landlord Action, added:

One landlord who applied for a bailiff in February is still waiting. Tenants are trapped too — many can’t afford to move until a bailiff arrives, leading to mounting debt and uncertainty. Allowing more cases to move to the High Court isn’t about favouring landlords, it’s about making the system fair and functional.”

The HCEOA estimates that, by using High Court enforcement, London landlords could collectively save over £12,000 per property in lost rent — but only if District Judges are empowered to grant more transfer requests.


What Does “Transfer Up” Mean?

When a County Court issues a possession order, the eviction is normally carried out by a County Court Bailiff. If the process is delayed — often by months — landlords can request the case be “transferred up” to the High Court.

High Court Enforcement Officers (HCEOs) can schedule an eviction within a month of receiving a Writ, helping landlords regain possession faster. Importantly:

  • Transfers can only happen after a judge grants possession;
  • Tenant protections remain identical to the County Court process;
  • Fees are paid by the landlord/claimant, not the tenant;
  • Despite efficiency gains, only 30% of requests in London are currently approved.

The HCEOA and partners argue that expanding transfers would cut landlord losses by thousands of pounds per property and reduce months of unnecessary delay, while still protecting tenants.

 

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