The National Residential Landlords Association wants to show the government that some local councils still advise tenants served with a valid Section 21 to sit tight until the bailiffs arrive.

This long-criticised practice was supposed to be in the past following measures including the Homelessness Reduction Act 2017 and the latest Homelessness Code of Practice; both of which aim to get earlier support for tenants facing homelessness and to prevent waiting for bailiffs.

But the association says it still has reports of some councils refusing to help evicted tenants until a possession order has been granted, costing tenants and landlords and increasing uncertainty.

The NRLA website says: “We are keen to hear from landlords who have been affected by this, so we can share examples of poor practice with the Department for Levelling up Housing and Communities. In particular, we are keen to hear from landlords who know their tenants have not been given a personalised housing plan, or have been told that nothing will be done until a warrant is issued.”

The association advises that if the Section 21 is valid and the tenant cannot stay on, the landlord should inform the housing officer of this when they make contact. 

It says: “If you have a particular reason as to why you are ending the tenancy this should also be explained to the local authority, as they may be able to help fix it. You should also explain any financial costs that are likely to be incurred by you and the tenant as they will need to be considered. For example, if the tenant is continuing to accrue rent arrears, or you are entitled to claim court costs from your tenant then this needs to be taken into account by the local authority.”

 Ultimately, the association advises landlords of heir right to complain about the council to the Local Government and Social Care Ombudsman. In some cases the Ombudsman can award the landlord compensation if the local authority failed to properly meet their duties by neglecting to consider the landlord’s circumstances, properly communicating with the tenants, or providing a personalised housing plan in an appropriate time. 

You can see more details and the form which landlords can complete to give their experience to the NRLA, on the association website here.