Credit Management September 2023

HIGH COURT ENFORCEMENT OFFICERS ASSOCIATION
Eviction Enforcement
The effect of the recent suspension of County Court
bailiff appointments on landlords and creditors.
AUTHOR – Michael Jackson
We are sourcing
bespoke Personal
Protective
Equipment to
ensure that all
evictions can go
ahead safely and
securely.
COUNTY Court users across
the country are being
left in limbo amongst
growing concerns over
the suspension of County
Court bailiff appointments
for Orders of Possession over inadequate
personal protection equipment (PPE).
The suspension began in London in
early June but is now understood to be
affecting other areas of the country.
For every day that an Order for
Possession cannot be carried out
landlords are losing money, including
the accruing costs associated with
their properties such as mortgages or
agency fees, or through lack of generated
income while rent is unable to be
collected.
With the average time to complete an
Order for Possession through the County
Court reported to be 37.1 weeks (according
to the Ministry of Justice report published
on 18 May 2023), further delays do not
bode well for landlords hoping to reclaim
their properties.
His Majesty’s Courts and Tribunals
Service (HMCTS) has since indicated
this could have a knock-on impact for
creditors seeking possession through a
Warrant of Control through the County
Courts and other general services.
With respect to Warrants of Control,
Registry Trust reported that the number
of commercial judgments had risen over
27 percent in Q1 2023 compared to Q3
2022, a staggering figure considering the
majority of businesses in England and
Wales (99.9 percent) are SMEs that have
been heavily impacted by the costof-living
increases.
While the number of judgments
continues to rise, further delays in
enforcement only highlight a broken
system that is not working for the court
user.
Why are County Court bailiff
appointments suspended?
In a statement from HMCTS, a
spokesperson said: “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.”
They added:
• Following work with the bailiffs on Risk
Training, it became apparent that some
bailiffs did not have their own bespoke
PPE. This equipment is now being
urgently sourced.
• We have effective health and safety risk
monitoring systems, which are regularly
reviewed, particularly in relation to
sensitive activity such as the work of
county court bailiffs.
•Guidance is in place to continue critical
services in the interim
All bailiffs and enforcement officers
should have adequate protection to
allow them to carry out their work safely
and responsibly. In fact, High Court
Enforcement Officers (HCEOs) also
have to undergo a rigorous procurement
process for PPE but have not encountered
any issues with supply, meaning
service levels in the High Court are
unaffected. So, while this reasoning
is understandable, we can appreciate
how disappointing this is to County
Court users who have still been
experiencing delays post-COVID and now
have to wait even longer to secure their
judgments.
Is there another option for
landlords and creditors?
Using High Court enforcement to support
with evictions has always been an
alternative option for landlords.
However, the situation for creditors
looking to enforce a Warrant of Control
is not as clear-cut. For creditors hoping
to recover judgments for under £600, or
Consumer Credit Act regulated debts,
they have no other option than to wait for
the County Court bailiffs.
This is something we have been
campaigning to change, so we can give
court users freedom of choice in how
their judgments are enforced.
Meanwhile, landlords and creditors
with judgments over £600 can choose
a High Court Enforcement officer to
support them and experience benefits
including:
• Dedicated points of contact and regular
updates on your case
• High success rates with motivated
enforcement agents
• Quick turnaround with significantly
shorter wait times
• Robust health and safety protocols with
fully qualified enforcement agents.
How do I transfer a judgment to the
High Court?
Transferring an Order for Possession
obtained in the County Court to the High
Court is similar in many respects to that
of transferring a Warrant of Control, and
most HCEOs will provide a service to
facilitate the transfer.
You can also apply to the court to
transfer the judgment yourself. However,
this process can be complex depending on
the particular circumstances. We would
recommend speaking with your HCEO
before deciding to progress this yourself.
Instructing High Court Enforcement
Officers is easy, and they can assist
with everything necessary to issue the
appropriate writs to authorise them to
act.
Michael Jackson is Vice Chair of
the High Court Enforcement Officers
Association (HCEOA).
Brave | Curious | Resilient / www.cicm.com / September 2023 / PAGE 19