Date Published 19 November 2024
In an article by Marc De Silva today is was reported that a surge in eviction notices issued by landlords has contributed to a significant increase in county court delays, which have reached unprecedented levels, with waiting time hitting an average of 24.5 weeks to repossess properties, according to new Ministry of Justice data.
In London, the situation is even worse, with landlords facing delays of up to 18 months at processing hubs like Stratford Housing Centre.
There has been a notable rise in the number of landlords seeking to get tenants out of their properties as the government's ban on Section 21 evictions looms, with government figures revealing a spike in evictions by bailiffs.
The government has pledged to abolish Section 21 evictions, with the ban expected to be implemented by next summer.
And the latest data from the Ministry of Justice reveals that between July and September, 8,425 households in England were served with Section 21 notices – an eight year high.
The figure marked an increase on the corresponding period a year earlier and came as 2,830 households were evicted by bailiffs, a 23% hike on last year.
However, with eviction notices rising and bailiff instructions increasing, there are growing delays in the existing evictions process.
Paul Shamplina (left), founder of Landlord Action, said: 'It's abundantly 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.'
To mitigate these delays, Landlord Action is advising landlords to consider High Court (HC) enforcement as an alternative. However, 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 HC enforcement can offer a faster route to repossession, it's not guaranteed,' explained Shamplina. 'Each court has its own criteria, and some judges require landlords to endure delays with CC bailiffs before they'll consider it. These added costs and uncertainties are a burden, but with delays stretching into next year, HC 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.'
'These delays are only likely to worsen, particularly once grounds for possession become more restricted,' Shamplina continued. 'We're calling on County Courts to prioritise permission for HC 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 CC bailiff process.'
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