Eviction Delays

Reports are being received that some courts in London are experiencing delays, with landlords finding it challenging to secure eviction dates. As a result, some are waiting up to nine months for a bailiff appointment. While last year’s delays were attributed to shortages of bailiffs and PPE equipment, the reasons behind this year’s delays remain unclear.

In one scenario, a landlord requested a bailiff appointment in October 2023 but has yet to receive an eviction date. Despite repeated attempts to contact the tenant, neither the landlord nor their agent have received confirmation that they have vacated the property. Although it is suspected that the tenant has left and changed the locks, the lack of communication means waiting for the court’s scheduling of the eviction date to avoid any actions that could lead to them unlawfully evict the tenant.

High Court Enforcement – A limited option

Understandably, many who are seeking vacant possession are considering alternative solutions. High Court enforcement is thought to result in the tenant being evicted quickly once the writ for possession has been obtained. However, the associated costs of instructing high court enforcement are significant compared to those of the county court bailiff. Furthermore, the majority of possession claims are unlikely to meet the required criteria for eviction through High Court enforcement, as an application requesting the court’s permission is required in the first instance.

Section 48 of the County Court Act of 1984 enables cases to be transferred exclusively to the High Court for enforcement purposes. Applications can be made either during the initial claim or after obtaining a possession order if there are delays with county court bailiffs. However, the court can take up to 18 weeks to review any applications made. Following this, an enforcement agent would be instructed to schedule an appointment.

It is advisable to take a commercial view where appropriate and always consider different avenues to obtaining possession, including surrenders. This may help alleviate the need to remain stuck in the court queue, especially considering the current delays in the final stages of the eviction process.

Rent and Legal Protection

Such policies can offer a cost-effective safeguard, enabling letting agents and landlords to prevent financial loss, administrative burdens, and reputational damage due to tenants defaulting and prolonged court delays. The costs of implementing a Rent and Legal product across a lettings portfolio are significantly lower than the potential expenses of undertaking an  eviction.

Together with Woodstock Legal Services, you can trust The Lettings Hub to keep you informed about all of the changes affecting the Private Rental Sector. Follow us on LinkedIn to ensure you’re always up to date.