Councils should not tell tenants to stay in property during eviction process claims government

The UK government has clarified that councils should not advise tenants to remain in their rented properties throughout the eviction process. This statement follows concerns raised by landlord groups about councils encouraging tenants to stay put until bailiffs arrive, a practice that has been criticised for increasing tensions and delays.

Government stance on eviction advice

The Ministry of Housing, Communities and Local Government has confirmed that councils should not be telling tenants to stay in their homes while facing eviction. According to the Homelessness Code of Guidance, councils are expected to take proactive steps to prevent homelessness and should not delay action by suggesting tenants remain until eviction by bailiffs.

A spokesperson told The Telegraph: “Local authorities should not be encouraging all tenants to remain in their property until eviction by a bailiff. Every case should be assessed on its own merits, and councils are expected to provide appropriate support to help people secure safe and suitable accommodation if they are evicted.”

Concerns from landlord organisations

The National Residential Landlords Association (NRLA) has criticised councils for “stoking animosity between landlords and tenants” by advising tenants to ignore possession claims. The NRLA emphasises the need for councils to collaborate with all parties to find solutions that reduce costs and disruption.

A spokesman for the NRLA said: “There is no excuse for advising tenants to ignore legitimate possession claims.” Nathan Emerson of Propertymark echoed this view, stating: “This approach contradicts the code of practice, which makes clear that councils should not adopt a blanket policy of telling tenants to stay put and wait for bailiffs to arrive.”

Impact on landlords and tenants

They explained: “It is standard practice now for councils to do this. You’re made to feel like the villain. You wait months to go to court, fight for a meaningless possession order date, re-apply to the court, pay again, wait and wait while your tenant is in arrears and then you eventually get bailiffs. After all this, I was asked later on to give a glowing reference for the tenant. I didn’t.”

Case example: Canterbury City Council

Property118 previously reported a case involving Canterbury City Council, which was found at fault by the Local Government and Social Care Ombudsman. The case concerned a landlord who served a Section 21 notice in February 2024 to carry out repairs, but the tenants remained beyond the notice expiry in May, citing council advice.

The Ombudsman criticised the council for not communicating with the landlord or assessing whether it was reasonable for the tenants to stay during the period. This failure caused “frustration and uncertainty” for the landlord. Canterbury City Council stated that while it offers legal advice to tenants facing eviction, it is not council policy to tell tenants to remain until bailiffs arrive.

What this means for landlords

Landlords should be aware that government guidance does not support councils advising tenants to stay in properties until eviction by bailiffs. While councils must provide support to those at risk of homelessness, they are expected to avoid blanket advice that could prolong possession proceedings and increase costs for landlords.

Engagement with councils and local authorities remains important to ensure that eviction processes are handled fairly and efficiently, balancing tenant support with landlords’ rights to regain possession where appropriate.

Source: Based on reporting from Property118

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