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bailiff
Posted in
01/01/2026

Wait for the Bailiffs...

‘Waiting for the bailiffs’ has become the reality for many tenants and landlords today, with the emotional and financial toll of that situation growing on both sides.

A growing number of buy to let landlords are finding themselves forced to regain possession of their properties. Sometimes it’s because they’re selling up. Other times, it’s because of a change in their own circumstances. However, what’s changing rapidly is how difficult it is to get a property back, and how long it takes.

Section 21 and why it's being used more

Section 21 of the Housing Act was originally designed to give landlords a legal route to regain possession of their property without having to prove fault. In theory, it’s a clean process. In practice, it’s becoming messier every month.

Landlords serve notice. However, tenants, especially those with no viable housing options, are often advised by councils, advice services, or charities to stay put until the very end. That end now increasingly means waiting until a court issues a possession order and, in many cases, until the bailiffs physically arrive to remove them.

Why? Because unless they’re evicted through the legal route, councils often won’t consider someone as officially homeless. This means they are not eligible for emergency housing support.

No one wins in this situation

For tenants, the waiting game is filled with uncertainty. It's stressful not knowing where you’ll be living in a few weeks, or if you’ll even be eligible for housing. For many, the rental market has become unaffordable, or they’ve faced personal challenges that make securing a new tenancy almost impossible.

But landlords aren’t simply sitting comfortably either. While they wait for the legal process to drag out, they're often:

  • Losing rent, especially if tenants stop paying once notice is served
  • Paying legal fees, including court costs and enforcement
  • Covering mortgage payments without income from the property
  • Handling property damage risks, with no control over the property’s upkeep
  • Facing delays to their plans, including selling or moving back in

It’s no wonder more landlords are stepping away from the sector altogether. However, this only exacerbates the housing crisis, reducing the number of homes available for rent.

Some landlords turn to a letting agent to help manage the challenges, from chasing unpaid rent to navigating the legal process. While it doesn’t remove the stress entirely, professional support can ease the burden and keep things more organised during difficult situations.

Is insurance the answer?

With the eviction process dragging on, insurance is becoming a key consideration for landlords. Some policies cover lost rent and legal costs, offering at least some protection against the worst-case scenarios. But insurance is never a guarantee, and not every policy covers long eviction timelines.

More importantly, it’s not a fix for the core issue: a rental system under strain, where both landlords and tenants feel like they’re trapped.

What needs to change in today’s property market

At the moment, there’s no clear answer. But one thing is certain: the growing trend of advising tenants to “wait for the bailiffs” is unsustainable. It creates fear, financial pressure, and hostility in a system that already lacks trust.

Landlords need clearer, faster routes to regain possession when circumstances change. Tenants need real housing options, not vague advice and long waits. And both sides need better support, not just legal red tape.

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