The national picture
The HCEOA’s October 2025 research—based on 679 survey responses representing more than 52,000 rented homes—shows systemic and costly enforcement delays after a judge has already granted possession. At the point of eviction, average unpaid rent stands at £12,708 across England and Wales and £19,223 in London, underscoring much higher exposure where rents are highest.
Once a possession order is made, landlords using the County Court route face an average wait of around six months, rising to over eight months in London. By contrast, 100% of High Court Enforcement Officers surveyed say they can typically set an eviction date within one month once a writ is issued.
This report lays bare what property agents have long known: the County Court system takes too long; is too expensive; and delays access to justice for landlords, tenants and agents.
It is vital that the UK Government makes use of existing levers and oils the wheels of the system. Simplifying the process and ensuring transfer up requests are granted under clearly defined circumstances would allow a greater use of High Court Enforcement Officers, which can provide a more timely and inexpensive resolution all stakeholders.
Regional variations and growing backlogs
Wait times range from a low of about two months in Wales to an eye-watering eight‑and‑a‑half months in London, with most English regions clustered between 4.5 and 6 months. The longer waits in the capital are compounded by London’s 25% higher average rents, so arrears escalate faster while properties sit in limbo.
Capacity constraints in the County Court system amplify the backlog. In 2024 there were 41,803 warrants of possession, of which 27,582 were enforced by an estimated 350 County Court bailiffs—plus 212,407 warrants of control competing for the same scarce resources—an impossible workload.
Why the system is slowing
The report cites auto‑reply bottlenecks, phone queueing, and limited operational capacity. Furthermore, HM Courts and Tribunals Service policy now prevents County Court bailiffs from using reasonable force to evict tenants when necessary. This restriction limits what bailiffs can do on the day of eviction and increases the risk of cancellations and re-bookings, adding time and cost to the process.
What transferring up means – and the tenant safeguards
Transferring up asks a District Judge to permit enforcement by a High Court Enforcement Officer (HCEO) instead of a County Court bailiff. It does not move the case to be heard in the High Court; it changes the enforcement route once a possession order exists.
Protections remain the same: HCEOs operate under the same notice periods and rules as County Court bailiffs; fees are paid by the claimant, not the tenant; and HCEOs are personally accountable with established procedures for engaging with vulnerable people.
Access to that faster route remains uneven. In London, only 30% of transfer‑up requests are being approved, and about one in four refusals cite “no delays” despite the evidence above. Where applicants don’t ask at the possession hearing and instead apply later via Section 42, decisions typically add 3 months nationally and 3.5 months in London. Importantly, tenant safeguards do not change when a case transfers up: notice periods and rules are the same as in the County Court, and fees are paid by the claimant, not the tenant.
Satisfaction scores underline the gap: in London, respondents rate County Court enforcement 2.1/10 versus 7.3/10 for High Court enforcement.
Propertymark’s position and policy asks
Propertymark supports the HCEOA in urging two immediate UK Government actions to restore timely access to justice:
- Direct the judiciary that transfer‑up requests should be allowed wherever local County Court bailiff delays are ≥3 months or where reasonable force may be required.
- Simplify the process—remove Section 42 and adopt the N293A route—to reduce administrative burden and enable future digital reforms.
These changes can be delivered immediately at no cost to the UK Government, the judiciary, tenants or debtors.
Practical steps for agents and landlords
Ask for transfer up at the possession stage
Include a request for leave to transfer enforcement to the High Court in the draft order when applying for possession—there is no extra fee to make the request at this point.
File a strong witness statement
Attach compelling evidence for why transfer up is necessary, covering:
- Documented bailiff delays (e.g., local waiting times; quote the report and official MoJ possession stats).
- Cumulative financial loss (monthly rent, arrears to date, cash‑flow impacts).
- Wider impacts (property damage, ASB, effect on neighbours, missed opportunities to re‑let).
- Risk factors indicating that reasonable force may be needed.
It is possible to apply later via a Section 42 request for leave to transfer to the High Court, although the report finds median processing is around 3 months (slightly longer in London), so building transfer‑up into an original application is more efficient.
