Local authorities are facing growing criticism for advising tenants to remain in rented properties until bailiffs carry out a physical eviction, a practice that is leaving landlords unable to regain possession for extended periods.
The issue has become increasingly visible across the private rented sector, with landlords reporting longer delays, rising arrears, and growing uncertainty as eviction processes stretch out over several months.
Conflict with government guidance
The approach appears to go against official guidance, which states that councils “should not consider it reasonable” for tenants to stay in a property until bailiff enforcement. However, as this guidance is not legally binding, local authorities are not strictly required to follow it.
This has created a gap between policy and practice, with some councils continuing to encourage tenants to remain in place until they are formally removed.
Why councils are advising tenants to stay
The underlying reason for this approach is linked to how homelessness support is structured. Councils are only legally obliged to provide emergency housing once an individual is officially recognised as homeless.
If tenants leave a property before a court-ordered eviction takes place, they may be classified as “intentionally homeless”. This classification can limit the level of support they are eligible to receive, including access to temporary accommodation.
As a result, councils often advise tenants to remain in their homes for as long as possible to ensure they qualify for assistance when the eviction process is complete.
Growing frustration across the sector
Nathan Emerson, chief executive of Propertymark, has criticised the practice, stating that it contradicts established guidance and should not be used as a blanket approach.
He pointed out that the guidance is clear in discouraging councils from routinely telling tenants to wait for bailiffs, yet this has become increasingly common in practice.
Long delays and rising costs
For landlords, the impact can be significant. After serving a possession notice, they must apply to the court for a possession order before requesting a bailiff appointment. This process can take several months, particularly where courts are already dealing with backlogs.
During this time, tenants may remain in the property without paying rent, leading to mounting arrears and financial strain for landlords. In some cases, landlords are left covering mortgage payments and other costs while waiting for the legal process to conclude.
Paul Shamplina of Landlord Action said the situation has worsened in recent years, with delays becoming more common and more difficult to manage.
Concerns over future changes
There are also concerns that the problem could intensify once Section 21 “no-fault” evictions are abolished. Under the proposed changes, landlords will need to rely more heavily on Section 8 grounds, which typically involve more complex legal processes and are more open to challenge.
Shamplina warned that Section 8 claims are not only more complicated but can also lead to additional delays if cases are contested or paperwork is not handled precisely. This could further increase pressure on an already stretched court system.
At the same time, tenants facing eviction through Section 8, particularly those with rent arrears, may find it even harder to secure alternative housing.
A system under increasing strain
The situation reflects wider challenges within the housing system, including a shortage of social housing and rising demand for support from local authorities. Councils are attempting to manage limited resources while preventing homelessness, but the current approach is creating knock-on effects across the rental sector.
For tenants, it can mean prolonged uncertainty about their housing situation. For landlords, it often results in financial losses and delays in regaining control of their properties.
Balancing support and fairness
The ongoing debate highlights the difficulty of balancing tenant protection with landlord rights. While councils aim to ensure vulnerable households receive support, the lack of alignment between guidance and practice is leading to tension across the sector.
As housing pressures continue and reforms to eviction rules move closer, there are increasing calls for clearer policies and better coordination between local authorities and the wider legal system.
Without changes, the current approach risks placing further strain on both landlords and tenants, while also adding pressure to a housing system that is already struggling to meet demand.
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