Government Response Draws Criticism as County Court Concerns Persist

The government has published its formal response to the Commons Justice Committee’s report on the work of the County Court.

The Committee had delivered a stark assessment, describing the County Court as “a dysfunctional operation that has failed to adequately deliver civil justice across England and Wales”. It called for a comprehensive, root-and-branch review of the system, labelled a “Cinderella service”, to begin in spring 2026.

In its response, the government declined to carry out a full review, a decision that has frustrated the Committee, but accepted most of the remaining recommendations. The response focuses on digitisation and ongoing modernisation as the primary tools for improvement.

David Smith, property law expert and partner at Spector Constant & Williams, said: “The government’s response feels more like an effort to keep the lights on than a real attempt to fix deep-rooted issues. Digitisation has its place, but it cannot address the fundamental resourcing and structural problems the County Court faces.

With the Renters’ Rights Bill set to increase workloads further, decisive action is urgently needed to build confidence and ensure the system can cope.”


Impact on Landlords and Evictions

County Courts have long been inefficient for landlords seeking possession, with case delays often taking months and affecting rental stock availability.

High Court Enforcement Officers Association (HCEOA) data highlights the financial impact:

  • Average rent loss per property during eviction proceedings: £12,708 nationally.
  • London losses: £19,223 per property due to prolonged delays.
  • County Court Bailiff delays in London average eight months, often exceeding a year.

Transferring cases to the High Court could reduce landlord losses by £12,120 per property, but judges are frequently reluctant to allow this.

HCEOA also notes a recent policy shift in at least one County Court, stating that “the county court bailiff will no longer be able to use reasonable force to evict the tenant” and recommending High Court enforcement where appropriate — a change likely to increase delays further.


Key Takeaways for Landlords and Agents
  • Delays in County Court possession cases directly impact rental income and the availability of stock.
  • Where feasible, consider High Court enforcement transfers to reduce losses, though access depends on judicial discretion.
  • Landlords should factor extended timelines into planning, particularly in London and other high-demand areas.
  • The Renters’ Rights Bill may increase workload pressures on the County Court, making proactive tenancy management and dispute resolution increasingly important.
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