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

The government has confirmed councils should not be telling tenants to stay in a property when facing eviction.

A story in The Telegraph says the National Residential Landlords Association (NRLA) has claimed “there is no excuse” for councils to be issuing this advice.

Property118 has previously investigated whether councils have been acting illegally when telling tenants to stay put.

Councils should not be encouraging tenants to stay

The Homelessness Code of Guidance makes clear that when someone is at risk of homelessness, councils are expected to take proactive steps to prevent it.

It specifically warns against delaying action, adding: “Housing authorities should not consider it reasonable for an applicant to remain in occupation until eviction by a bailiff.”

A spokesperson for the Ministry of Housing, Communities and Local Government told The Telegraph that councils should not be advising tenants to stay in a property until bailiffs arrive.

They told the newspaper: “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.”

Stoking animosity between landlords and tenants

The National Residential Landlords Association (NRLA) accused councils of “stoking animosity between landlords and tenants” over telling tenants to stay put.

A spokesman told The Telegraph: “Rather than stoking animosity between landlords and tenants, councils must do their utmost to collaborate more closely with all parties to work out solutions which reduce costs and disruption for all parties.

“There is no excuse for advising tenants to ignore legitimate possession claims.”

Nathan Emerson, of Propertymark, added: “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.”

Made to feel like a villian

The process of advising tenants to remain in their rented home when facing eviction has been criticised, with landlords saying it increases stress for both tenants and landlords while adding legal costs and delays.

A landlord who wished to remain anonymous told The Telegraph that councils make them feel like “villains”.

They said: “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.”

Frustration and uncertainty

As previously reported by Property118, Canterbury City Council was found at fault by the Local Government and Social Care Ombudsman.

The case involved a private landlord, known as Mr X, who served a Section 21 notice in February 2024 so he could carry out repair works. The notice expired in May, but the tenants did not leave, pointing to advice they received from the council.

The Ombudsman said the authority “did not contact Mr X, as the landlord, throughout the process, or consider whether it was reasonable for the tenant to remain in occupation during the relevant period”. That failure, it added, led to “frustration and uncertainty”.

A Canterbury City Council spokesperson told The Telegraph that while it offers legal advice to tenants facing eviction, it is not council policy to tell tenants to stay put until bailiffs arrive.