top of page

Councils Must Help Landlords With Eviction — Fined If They Don’t


A Local Government Ombudsman ruling has confirmed something landlords need to know: when a tenant presents as homeless, councils must act — and if they don’t, they can be found at fault and forced to pay compensation.


In case 21-006-060, the council failed to provide interim accommodation after a person presented as homeless. The Ombudsman found the council delayed unlawfully, causing avoidable harm. The council was ordered to apologise, pay compensation, and review its procedures.


Why This Matters to Landlords

This is not just a tenant issue. It directly affects landlords involved in eviction cases.

Under the Housing Act 1996 and the Homelessness Code of Guidance, councils must act as soon as they have reason to believe someone is homeless or about to be homeless. That duty often arises during an eviction process, not at the end of it.


If a tenant presents as homeless while eviction is ongoing:


• The council must assess the case

• Interim accommodation may need to be provided

• Rehousing activity should begin


When councils do this properly, tenants often move out before court or bailiffs, allowing landlords to regain possession faster.


Councils Can’t Sit on Their Hands

This Ombudsman decision makes it clear:


• Delay is fault

• Inaction is fault

• Ignoring homelessness duties leads to punishment


Councils know this. And when challenged, they act faster.


What Landlords Can Take From This

If you are stuck in a long eviction:


  1. Support the tenant to present as homeless

  2. Keep your eviction process active

  3. Hold the council to its legal duties


When councils do their job, eviction timelines shorten.


Bottom Line

Councils are legally required to help when eviction creates homelessness.When they fail, they are punished.And when they act properly, landlords benefit.


 
 
 

Comments


  • Facebook
  • LinkedIn
  • Youtube

Subscribe to our newsletter

© 2024 by Social Housing Options a Trading name of Social Housing London Ltd

 

Social Housing Options is the Trading name of Social Housing London Ltd is a company registered in England under Company registration number 13111721 with registered office at 3rd Floor, 86-90 Paul Street, London, England, EC2A 4NE.

bottom of page