As court delays continue to frustrate landlords across the country, a growing coalition of property sector leaders is now urging property owners to consider a faster alternative: transferring eviction cases to the High Court.
The call comes from a joint effort led by the High Court Enforcement Officers Association (HCEOA) and the National Residential Landlords Association (NRLA). They are advising landlords, especially those stuck in lengthy county court queues, to “fast-track” their possession claims via the High Court, where processes can be quicker and more efficient.
Why the Urgency?
With the Renters’ Rights Bill looming and Section 21 ‘no-fault’ evictions set to be scrapped, landlords are getting ready for what could be a tough road ahead. Without Section 21, evictions will get a lot more complicated with extra paperwork, more evidence needed, and a higher chance of getting stuck in drawn-out legal battles.
And for many landlords, particularly those dealing with serious rent arrears, anti-social tenants, or abandoned properties, waiting months, or even over a year, for a county court hearing isn’t just inconvenient; it’s financially damaging.
The High Court Option Explained
Landlords already have the legal option to “transfer up” their possession orders from the county court to the High Court. This means that once a possession order is granted, enforcement can be carried out by High Court Enforcement Officers (HCEOs), rather than county court bailiffs.
What’s the difference? In many cases, High Court enforcement is significantly faster, reducing waiting times for bailiff appointments and accelerating the overall eviction process.
“A Real Nightmare in Some Areas”
Michael Jackson, Vice-Chair of the HCEOA, summed up the frustrations many landlords are facing right now:
“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. 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.”
Jackson’s comments reflect what many landlords have been quietly experiencing for months. Someareas are far worse than others, and backlogs are only expected to grow as legislative changes take hold.
When Is High Court Enforcement the Right Choice?
It’s important to note that transferring to the High Court isn’t automatic, and not every case is eligible. Landlords need permission from a judge and may need to make a formal application to transfer up their possession order.
That said, it can be a game-changer in situations where:
- County court delays are severe
- There’s a history of non-payment or anti-social behaviour
- The property is urgently needed back (e.g. for sale, renovation, or personal use)
- The landlord simply cannot afford further delays
Of course, High Court enforcement may come at a higher cost, but for many landlords, that price is worth paying for speed, certainty, and reduced losses.
Section 21 Ban: A Tipping Point?
The incoming ban on Section 21 evictions under the Renters’ Rights Bill could prove to be the tipping point for many landlords. Without the ability to regain possession without giving a reason, eviction cases will likely take longer, become more contentious, and put even more pressure on an already strained court system.
That’s why industry groups are raising awareness now, before the changes fully take effect,to ensure landlords are informed of their options.
What Should Landlords Do Now?
If you’re a landlord currently going through the eviction process, or worried about delays, here’s what you should consider:
- Review your current case and assess whether High Court enforcement could expedite the process.
- Speak to a legal advisor or letting agent with experience in possession claims.
- Keep an eye on developments surrounding the Renters’ Rights Bill and how it may impact your rights and timelines.
- Understand the costs, benefits, and eligibility criteria for transferring to the High Court.
Final Thoughts
The outlook for landlords is changing. With tighter regulations, increased tenant protections, and slower courts, landlords should think ahead and consider all the available tools. High Court enforcement may not be the perfect solution, but in the right circumstances, it could be the lifeline landlords need to keep their investments on track.
