An industry service supplier has disclosed the scale of the backlog in possession cases which have been further delayed by the government until early next year.

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Following the lengthy eviction ban over the spring and summer the government, at the beginning of October, asked bailiff organisations not to carry out any evictions in Tier 2 and 3 areas, however this is now countrywide with bailiffs stopping evictions until January 11th, except in a few cases.

The insurance specialist is one of hundreds of organisations working on behalf of landlords and is currently representing 64 landlords whose court possession order hearings supposed to have taken place in March, April and May were cancelled.

Upon eviction proceedings being reintroduced on September 20th landlords have had to submit ‘reactivation notices’ as well as having to provide proof that their tenants have not suffered through Covid-19, and having done so are still waiting to be given dates from the courts.

On top of the 64 cases the company said it has a further 112 cases that have been issued at court without hearing any response whatsoever, and 53 bailiff ‘appointments’ have yet to be allocated.

The company also has 55 High Court enforcement cases where officers are not allowed to go to the properties to collect rent in Tier 2 and Tier 3 areas, and with the existing lockdown across the UK it predicts cases will rocket upwards.

Managing director of the supplier Sims Sekhon said: “We have landlords with tenants in rent arrears of around 12 months and the courts are not listing hearings. We’ve been advised that cases dealing with high-level rent arrears - that’s 10 months or more - and cases with domestic violence, ASB and criminal activity will take precedent but so far we certainly haven’t seen any evidence of that in practice.

“Landlords are extremely frustrated with the process and delays and the latest rules merely heap more misery upon those having to deal with problem tenants, who are being given the freedom to continue withholding rent and destroying properties. There needs to be a better way of dealing with rogue tenants instead of expecting landlords to pick up the pieces.”

Landlords are expected to support their tenants facing financial hardship to mediate and agree on a way forward to reduce and pay off rental arrears.

Sekhon believes that review hearings could now occur with landlords having to supply documents to both the court and the defendant at least fourteen days before the review. Landlords will have to confirm that they can be contacted on that date, provide the electronic documents and confirm that the defendant has been provided with the same information.

In the review there will be a duty scheme advice arrangement in place to help arrange a possible settlement. Landlords must discuss the case with the tenants and try to reach an agreement so that a hearing is not necessary; if this is unable to be agreed then a hearing date will be arranged.

Under normal circumstances’ landlords would usually have to wait between eight to ten weeks for a hearing date, however it will now take up to five to six months, without any guarantees if the hearing goes in their favour that bailiffs may not be able to enforce the possession order if the property is in a Tier 2 or Tier 3 location.

Sekhon adds: “Pre-Covid, rent arrears of more than 30 days hovered around the two to three per cent mark - now, as of October this year, that figure is more like 5.5 per cent. It’s actually not a huge increase, but for those landlords affected, it creates real worry and isn’t being addressed. It’s important that this is acknowledged and dealt with”.