Local authorities are reportedly obstructing landlords who try to regain possession of their properties by instructing tenants to ignore eviction orders until bailiffs turn up on their doorstep.
The Telegraph reports that industry bodies accuse councils of 'stoking animosity' by advising renters to stay put until bailiffs arrive, leaving landlords thousands of pounds out of pocket with rent arrears and court costs.
This directive contradicts explicit statutory guidance issued to all councils by former housing minister Sir Brandon Lewis in 2016.
In it, Sir Brandon said that councils 'should not routinely advise tenants to stay until the bailiffs arrive'.
Problem will intensify
However, Paul Shamplina from Landlord Action is among those highlighting the worrying trend, saying the situation had 'clearly worsened in recent years'.
He told the newspaper: "With the abolition of Section 21, there is a real risk this problem will intensify.
"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.
"Both tenants and landlords are being let down by a system strained by a chronic shortage of social housing and rising reliance on temporary accommodation."
Landlords trapped by official advice
One landlord recounted how he had waited months for court hearings to obtain possession dates, only to be forced into further lengthy waits for bailiffs, all while tenants accrued significant arrears.
Recently, the Local Government & Social Care Ombudsman found that Canterbury City Council had failed to properly assess if tenants should remain in a rented property, allegedly advising them to stay despite receiving a Section 21 notice.
The council, while denying it is standard policy, said it offers legal advice to tenants.
The current homelessness code states it is generally not reasonable to expect tenants to stay until bailiff eviction, yet this remains only guidance, allowing councils to legally advise otherwise, which Propertymark's Nathan Emerson calls contradictory and wrong.
Financial losses fuel landlord exodus
One Ealing landlord told the newspaper that he is quitting after 20 years because of the possession issues, having already lost £6,000 to a tenant who stayed eight months after council advice.
Ealing Council, when questioned, pointed to its website which advises tenants to leave by the notice date if the landlord's grounds are justified, despite the landlord's experience that the council advised his tenant to stay put.
Another landlord said that it's 'standard practice' for a council to give the advice, which left him feeling 'like a villain'.
Under current rules, leaving a property early could see a tenant being classified as 'intentionally homeless' and barred from immediate council support.
Limit homeless cases
Other industry figures say the practice is being used to limit homelessness cases entering official registers.
The National Residential Landlords Association insists there is "no excuse" for such advice and urges collaboration rather than conflict.
It argues this issue will escalate in England under the Renters' Rights Act with Section 8 notices.
The Ministry of Housing, Communities and Local Government told the Telegraph that councils 'should not be encouraging all tenants to remain in their property until eviction by a bailiff'.
It went on to say that every tenant's case should be treated individually with councils offering support to get secure and safe housing when evicted.
Possession waits will get longer
The managing director of Accommodation for Students, Simon Thompson, warned landlords that local authorities appear to be undermining legal property possession efforts.
He said: "Many landlords will have encountered councils instructing tenants to remain until bailiffs arrive, intentionally bypassing statutory guidelines to delay homelessness claims.
"This strategic obstruction creates substantial financial risk to landlords while fostering friction between them and their tenants."
Mr Thompson added: "With court cases already proceeding slowly, landlords will face even lengthier delays under the Renters' Rights Act, along with mounting arrears."
