A viable option for many
Michael Jackson, Vice-Chair of the HCEOA, states that although High Court enforcement isn’t a magic wand, it can help those facing the worst delays in evictions, which are unfairly costing landlords thousands of pounds.
Landlords who are only now beginning possession proceedings can request to ‘transfer up’ their cases to the High Court at the same time as applying for a Possession Order. This could save months in regions where County Court bailiff backlogs are most severe. For those who have already applied via the County Court, it’s still possible to request a transfer to High Court enforcement as a separate step.
The human and financial toll
Delays have real consequences for landlords, with many caught in a legal bottleneck and losing rent through no fault of their own. Propertymark member agents are reporting severe delays at every stage of the possession process, with examples of property owners across the country waiting months to have an eviction order granted and then several more months for an eviction date from overworked and under-resourced County Court bailiffs.
We have consistently lobbied on this issue, which is discussed in our Future of Renting position paper. We continue to call for an automatic right to a High Court Enforcement Officer and privatised County Court Bailiffs, alongside efficiencies to the existing possession process in the courts, digitised possession claims and enhanced dispute resolution.
In October 2024, we raised the issue with the incoming Lord Chancellor, The Rt Hon Shabana Mahmood KC MP, highlighting the urgent need for court reform ahead of the removal of Section 21 to ensure fair and reliable access to justice for landlords, property agents, and tenants.
We know that when using a High Court Enforcement Officer, the execution of a Possession Order is notably quicker. It is, therefore, vital that the UK Government look at reform in this area to improve access to justice in the private rented sector.
A solution for the worst cases
It’s important to stress that High Court enforcement is not a loophole or an attempt to undermine tenants’ rights. It is a legally valid process that only occurs when a court has already ruled that the tenant must vacate the property, and they have failed to do so. It does not sidestep protections proposed under legislation like the Renters Reform Bill.
If agents are unsure if High Court enforcement is right for their landlords, they can access guidance and resources on the HCEOA website.
Survey launched to support legislative change
As well as providing a solution, right now, to the worst-affected landlords, the HCEOA is lobbying for a change in the law to make the whole process quicker and easier for all agents and property owners. To support lobbying efforts, a survey has been launched to gather data and evidence from landlords, agents, and solicitors to present to the UK Government, highlighting the extent and impact of these delays.
