London landlords are now grappling with even more prolonged eviction timelines, as two prominent property owners have received word that County Court Bailiff operations are to be suspended for the 'foreseeable future.' This suspension of evictions comes as a surprise, considering that the existing wait times for County Court bailiffs to execute an eviction are already notably protracted, especially in the bustling metropolis of London.
Lengthening of Eviction Delays
Over the past 12 months, the average duration from initiating a claim to repossess a property under a warrant of possession by County Court bailiffs had been decreasing (37.1 weeks for January to March 2023, as per the Ministry of Justice report published on May 18, 2023). However, the recent development implies that it will take even more time for County Court bailiffs to carry out eviction orders.
The Central London Court, the largest court in the city, has issued an email advisory, notifying stakeholders that bailiff appointments have been suspended indefinitely.
Health and Safety Concerns
The HM Courts and Tribunals have clarified that the rationale behind this suspension stems from health and safety considerations, primarily related to Personal Protective Equipment (PPE). An HM Courts and Tribunals spokesperson emphasized, "The safety of all bailiffs is of paramount importance. We are sourcing bespoke Personal Protective Equipment to ensure that all evictions can go ahead safely and securely."
The spokesperson also provided additional insights:
- Collaborative Efforts: Work with bailiffs on Risk Training has unveiled that some bailiffs lacked their own customized PPE. Urgent procurement of this equipment is underway.
- Stringent Safety Monitoring: The court system maintains robust health and safety risk monitoring systems, with special attention paid to sensitive activities like county court bailiff work.
- Continuation of Critical Services: Guidance is in place to ensure that vital services continue during this interim period.
Several landlord resources have reported significant reductions in caseloads, with one bailiff already operating a "skeleton" service.
High Court as an Alternative Option
Opting for a High Court Enforcement Officer (HCEO) continues to be a faster alternative in most cases for landlords seeking eviction from residential properties compared to County Court enforcement. However, it's worth noting that High Court enforcement typically comes at a higher cost than County Court enforcement.
Permission from the County Court is a prerequisite for transferring a possession order to the High Court to obtain a writ of possession, as per Section 42 of the County Courts Act 1984. If the County Court does not grant permission to transfer the Possession Order to the High Court for enforcement, landlords are unable to utilize High Court enforcement.
Notably, when a possession order pertains to trespassers, High Court enforcement is an automatic right, and no explicit permission is required to transfer the order to the High Court.
Landlords should ensure they properly plead their request for permission to use High Court enforcement, either within their pleadings or through a separate application notice.
Conclusion
Data released by the Ministry of Justice on May 18, 2023, reveals that the average duration between obtaining the order and securing the warrant is 20 weeks.
For those in need of advice or assistance with tenant evictions, our dedicated team is available to provide guidance and support. Feel free to reach out to us or submit an online inquiry, and a member of our team will promptly respond to your needs.
Bluestone Properties
Looking for a trusted partner in the dynamic world of South London property market? Look no further than Bluestone Properties! For lettings, property management, buying and selling of properties, feel free to contact us. Discover the Bluestone difference today. Your South London property journey begins here!
