A recent investigation by the Local Government and Social Care Ombudsman has found Canterbury City Council at fault for failing to properly engage with a landlord during eviction proceedings. The case highlights the importance of effective communication between councils and landlords, particularly when tenants remain in rented properties beyond notice periods.

Background to the eviction dispute

The dispute arose after a private landlord, referred to as Mr X, served a Section 21 notice in February 2024 to regain possession of his property in order to carry out repairs. The notice expired in May, but the tenants did not vacate the premises, reportedly following advice from the council. During this period, rent payments stopped, and the landlord subsequently issued a Section 8 notice due to arrears, secured a possession order, and initiated enforcement through bailiffs.

Throughout these proceedings, Mr X repeatedly contacted Canterbury City Council seeking guidance but was consistently promised a return call that never materialised. The Ombudsman found that the council failed to contact Mr X or assess whether it was reasonable for the tenants to remain in occupation during the relevant period, leading to frustration and uncertainty for the landlord.

Council’s communication failures

The Ombudsman noted that official guidance requires councils to engage early with landlords and maintain dialogue throughout possession proceedings. The Homelessness Code of Guidance specifies that once a valid notice expires, councils must consider factors such as the landlord’s intentions, the tenant’s circumstances, the risk of rent arrears increasing, and the potential impact of court action.

In this case, Canterbury City Council did not follow these steps. The Ombudsman stated the council “missed opportunities to turn its mind to the relevant points” and failed to evaluate whether continued occupation by the tenants was reasonable as events progressed. However, the council was not criticised for advising tenants of their legal right to remain until a court order was enforced.

The investigation also rejected claims that the council caused the rent arrears or should have cleared them through Discretionary Housing Payments, emphasising that “rent arrears remains the responsibility of tenants, not the Council.” There was no evidence tenants were instructed to stop paying rent.

Shortcomings in complaint handling

Further criticism was directed at the council’s handling of the landlord’s complaint. The Stage 1 response was delayed beyond expected timescales and failed to explain how Mr X could escalate the matter. The Ombudsman concluded that the council’s actions left the landlord uncertain about whether earlier engagement might have altered the outcome, although it could not definitively determine this.

As a result, Canterbury City Council has agreed to issue a written apology, pay £200 in compensation, and remind housing staff to contact both landlords and tenants promptly and maintain communication throughout possession proceedings.

Related case: Newham Council’s council tax failures

Separately, Newham Council was ordered by the same Ombudsman to pay £350 compensation to a landlord after failing to respond to multiple emails regarding council tax notices. The landlord had informed the council that tenants were students and later that the property was vacant, but the council did not act accordingly. The Ombudsman stated the payment should “reflect the scale of the injustice” caused.

Newham Council attributed the failures to a “significant backlog” of correspondence but noted that a contractor was assisting to ensure responses within five working days.

What this means for landlords

These rulings underscore the critical need for councils to maintain clear and timely communication with landlords during possession and tenancy issues. Landlords should be aware that councils have a duty to consider their position and intentions once notices expire and to provide appropriate guidance. However, responsibility for rent arrears remains with tenants, and councils are not obliged to cover these through discretionary payments.

Landlords are encouraged to document all communications with councils and escalate complaints if responses are delayed or inadequate. The cases also highlight the importance of understanding the legal rights of tenants and landlords during eviction processes to avoid unnecessary delays and uncertainty.

Source: Based on reporting from Property118

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