'Lack of bailiffs lengthening evictions process for landlords'

Landlords are being forced to wait longer and longer to evict tenants particularly in London, says specialist firm Landlord Action which blames the problems to a greater extent on a lack of bailiffs.

The firm’s warning comes as new Ministry of Justice figures reveal that the average time taken to evict a tenant in England and Wales is now over two years at 24.5 weeks, up from 23 weeks last year.

Landlord Action says that at one processing hub, the Stratford Housing Centre, problems in sourcing bailiffs means that landlords who gain a warrant to evict now are being given eviction dates in mid-2025.

The legal hub processes evictions from eight different County Courts from Barnet to Willesden Green (see full list at bottom) and the problems come from a significant shortage of County Court bailiffs, placing additional financial pressure on landlords already facing tenant arrears.

Severe case

One severe case saw a landlord seeking to enforce a warrant unable to find a bailiff to attend the eviction, leading to further delays after the already elongated court process.

“Fortunately, in some of our cases the tenants had by then left voluntarily but not in all cases. We have struggled to get updates from the court in Barnet,” says Paul Shamplina, the founder of Landlord Action.

“When our case handlers call, they’re routed through a central answering centre, with no direct access to the court itself. We believe this issue, left unaddressed, is likely to extend beyond Barnet and affect landlords across London.

“It’s clear that County Courts are facing a severe bailiff employment crisis, with only around 300 County Court bailiffs available across England and Wales.

“This shortage is eroding landlords' confidence in the legal system’s ability to help them regain possession.”

In one recent case at Clerkenwell County Court, Landlord Action applied for an eviction order in July 2023 only to be told they could expect an eviction date by January 2025. “Waiting periods such as this are completely unacceptable.”

To mitigate these delays, Landlord Action is advising landlords to consider High Court (HC) enforcement as an alternative.

But Shamplina warns that this option comes with additional fees, and the potential for County Court judges to deny HC enforcement requests unless landlords have first attempted County Court (CC) enforcement.

“While Hight Court enforcement can offer a faster route to repossession, it’s not guaranteed,” adds Shamplina.

“Each court has its own criteria, and some judges require landlords to endure delays with County Court bailiffs before they’ll consider it.

“These added costs and uncertainties are a burden, but with delays stretching into next year, High Court enforcement may be the only feasible option for landlords at risk of severe financial loss.

“Notably, these severe delays appear to be concentrated in London County Courts and other major cities, such as Manchester, while county courts with lighter caseloads are not experiencing the same issues.

Shamplina says the abolition of Section 21, which currently allows landlords to repossess properties without specific grounds, is expected to increase pressures on the already overburdened court system. Shamplina is urging landlords to act quickly while Section 21 remains available, and to consult closely with letting agents to ensure compliance and proper legal representation.

“These delays are only likely to worsen, particularly once grounds for possession become more restricted,” Shamplina adds.

“We’re calling on County Courts to prioritise permission for High Court enforcement in cases where landlords face real hardship or financial risk. Landlords shouldn’t be forced into extended limbo, especially when they’ve already tried the standard Country Court bailiff process.”