Local authorities across England and Wales are advising tenants facing eviction to remain in rented properties until physically removed by bailiffs, despite government guidance recommending against the practice.
The approach contradicts official homelessness guidance, which states councils “should not consider it reasonable” for tenants to remain until eviction by bailiff. However, the guidance is not legally binding.
Legal obligations create conflict
Local authorities follow this practice because they are only legally required to provide emergency housing once a tenant is formally homeless. Tenants who leave before bailiff enforcement are classified as “intentionally homeless”, which limits the support councils can offer.
Nathan Emerson, Chief Executive of Propertymark, said: “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.”
The practice leaves landlords unable to regain possession of properties whilst rent arrears accumulate. Once a possession notice is served, landlords must obtain a court order before applying for a bailiff appointment, a process that can take months.
Section 21 abolition concerns
Paul Shamplina, Founder of Landlord Action, told the Telegraph the issue has intensified in recent years. He warned the problem will worsen once Section 21 no-fault evictions are abolished.
“Tenants in arrears served with a Section 8 notice may find it even harder to be rehoused, while landlords remain stuck in an increasingly difficult position,” Shamplina said.
“Section 8 claims are more complex, easier to challenge, and carry greater scope for adjournments if paperwork is not completed precisely. Both tenants and landlords are being let down by a system strained by a chronic shortage of social housing.”
The conflict between legal requirements and official guidance reflects broader pressures on the rental sector, as housing supply remains constrained and local authority resources are stretched. The issue adds to challenges facing buy-to-let investors navigating regulatory changes in the private rental market.
The situation highlights the tension between protecting vulnerable tenants and maintaining a functioning private rental sector, with both landlords and tenants affected by delays in the eviction process and limited social housing availability.
