Landlords across England and Wales are being encouraged to ‘transfer up’ their eviction cases directly to the High Court, as the pressure mounts on an already overwhelmed county court system. A coalition of industry experts, including bailiff leaders, letting bodies, and legal specialists, is warning that the current situation is unsustainable—and it’s landlords who are paying the price.
Delays reaching crisis point in some areas
According to the High Court Enforcement Officers Association (HCEOA), many landlords are now grappling with a postcode lottery when it comes to securing possession orders via the county courts. Michael Jackson, Vice-Chair of the HCEOA, put it plainly: “It’s clear that this postcode lottery of delays in county court evictions is proving to be a real nightmare for landlords in some parts of the country.”
It’s not just a minor inconvenience. Reports from the field suggest delays of over a year in some regions. Paul Shamplina, founder of Landlord Action, said: “I know of cases where landlords are facing waiting times of 15 months just to get an eviction date.” For property owners already burdened by rent arrears and mounting legal costs, these delays can be financially crippling.
Ben Beadle, Chief Executive of the National Residential Landlords Association (NRLA), didn’t mince words either. “All this time landlords are losing money through lost rent which is no fault of their own,” he said. And the situation is set to become even more precarious. The looming abolition of Section 21 ‘no-fault’ evictions under the Renters’ Rights Bill is expected to push even more cases into an already overloaded system.
High court route seen as lifeline
The solution being championed? Using High Court Enforcement Officers (HCEOs) to execute possession orders. Unlike county courts—where bailiff availability and administrative lag cause months of delay—the High Court option offers landlords a streamlined process and significantly shorter wait times.
Timothy Douglas, Head of Policy and Campaigns at Propertymark, endorsed the shift, stating: “We know that when using a High Court Enforcement Officer, the execution of a possession order is notably quicker.” And while this option may not suit every landlord or every case, industry leaders stress that it could offer urgent relief in many of the worst-affected areas.
Michael Jackson added a note of caution, however: “High Court enforcement isn’t a magic wand, and it won’t be the right choice for every landlord right now, but it can certainly help those facing the worst delays in evictions.”
Uncertainty looms with new legislation
With the Renters’ Rights Bill poised to reshape the eviction landscape, landlords are facing a critical juncture. The planned ban on Section 21 evictions is widely expected to result in longer, more complex court proceedings—placing even more strain on already-stretched systems. The irony? While the bill is meant to improve tenant security, it risks leaving responsible landlords without recourse when faced with rent arrears or antisocial behaviour.
As Shamplina succinctly put it, “Ultimately, we need a change in the law to make this situation fairer, but it’s important landlords know their options right now.” The High Court route might not be ideal, but for many property owners, it’s currently the lesser of two evils.
The deeper question is whether government reforms will consider the operational reality landlords now face—or whether political pressure will continue to prioritise tenant rights without balancing landlord protections. If county courts remain under-resourced and possession routes stay obstructed, how many landlords will feel confident continuing to provide rental homes at all?
In the face of rising arrears, legal ambiguity, and mounting delays, landlords might rightly ask: are the courts still fit for purpose?
