On Christmas Eve, The Observer reported on the grim statistics about increasing illegal evictions and at the same time the very few prosecutions for the offence. Just 26 in the whole of 2022. That is thought to be just 1% of actual illegal evictions, although official statistics are not even collected. 

Two of the problem factors the Observer and the charity Safer Renting identified are the cutbacks in tenancy enforcement officers in local authorities over recent years and the police response. It is usually the local authority who brings illegal eviction prosecutions but without an officer in post who holds that responsibility, how will a local authority be in a position to investigate let alone prosecute?

Otherwise, it is reported the police too often say it's a 'civil matter'. This is obviously not the case. Illegal eviction has been a criminal offence for nearly 50 years now, under the Protection from Eviction Act 1977. 

Whilst in no way justifying any illegal eviction, it is fairly obvious that the county courts taking so very long to arrange evictions may also discourage (almost always private) landlords from using the lawful court process. As an example, in September 2023, the Central London County Court confirmed it had a 20-week backlog to fix eviction dates, due to taking over evictions for several other courts too. 20 weeks is a staggering five-month wait and that is after a landlord has already got their possession order. Still waiting for that small landlord's eviction date to come through four months later (an undefended section 21 notice possession claim but with such serious anti-social behaviour ongoing in the background the police are now considering a closure order) when the occupier should have in ‘normal’ times have been evicted four to six weeks after the warrant was applied for. 

The only other option for a landlord is to incur the costs of applying for permission to use High Court enforcement officers which costs more than using the county court bailiffs. But why should landlords have to? 

The Government's response reported in the article below states ‘through our renters’ [reform] bill, we are placing a duty on councils to protect tenants against landlords who illegally evict and harass them. We are also giving them new powers to issue fines to landlords of up to £30,000 as an alternative to prosecution.’  That will be helpful but the Government has also said it won't bring the Renters Reform Bill into force until court reform has been undertaken to speed up the possession process. There is no timetable set out for that and clearly, that will need extra funding. 

The Parliament Justice Committee has just closed its Call for Evidence on county court reform on 14 December 2023. See my blog here. My colleague Rebecca Sembuuze collated and submitted our response with some of our worst housing case data. I'm sure many social landlords have done the same. 

Let's hope the Government soon recognises the need for further and proper investment in the county court, especially for housing work to ensure current delays do not act as any kind of encouragement to landlords to operate outside of the court process.