Councils are advising tenants to remain in rented properties until bailiffs physically remove them, leaving landlords unable to regain possession and facing mounting losses.

It is in direct contravention of the Government homelessness guidance, which states councils “should not consider it reasonable” for tenants to remain until eviction by a bailiff, although it is not legally binding.

Local authorities ignore it because they are only legally required to provide emergency housing once a tenant is formally homeless, and those who leave earlier are classed as “intentionally homeless”, which limits the support they can be offered.

Nathan Emerson (main picture), 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.”

Increasing delays

Once a possession notice is served, landlords must obtain a court order before applying for a bailiff appointment, a process that can take months while tenants remain in place and arrears build.

Paul Shamplina, Founder of Landlord Action, told the Telegraph the issue has worsened in recent years and warned that the problem will intensify once Section 21 is abolished.

Landlords remain stuck in an increasingly difficult position.”

He said: “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.

“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.”