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A Rare Private Landlord Win - After Council Gives Tenant Poor Eviction Advice
Posted on 28th May 2025.jpg)
Sefton Council has faced criticism for advising a tenant that he could remain in his rental property, despite being aware that it could not halt an eviction.
The Local Government and Social Care Ombudsman determined that the council neglected to consider whether it was reasonable for the tenant to stay in the home and took too long to respond to a complaint. This oversight led to the landlord incurring unnecessary legal fees and bailiff expenses.
The tenant had stopped paying rent in August 2023 and officially ended his tenancy as of October 31st. He sought help from the council, claiming homelessness, in January 2024. On February 6th, the landlord notified Sefton Council that he had applied for a possession order using a section 8 notice.
A court ordered possession on March 26th, which meant the tenant was required to vacate the property by April 8th, settle the rent arrears, and cover the associated costs. The council informed the tenant that he could not be evicted until it received an official eviction warrant from the court. On April 10th, the court issued this warrant, allowing the bailiff to proceed with the eviction on April 30th. By the time the bailiff arrived, the tenant had already relocated to temporary accommodation.
The landlord claimed that the council incorrectly advised his tenant to stay in the property until the bailiff's arrival, fully aware that they could not prevent the eviction. The ombudsman noted: None of the documentary evidence the council provided showed any consideration of whether it was reasonable for the tenant to remain in the property when he approached as homeless. There is also no evidence the council considered the financial impact on the landlord.
Sefton Council acknowledged that it should have offered the tenant accommodation after the court granted possession on March 26th. The ombudsman mandated the council to reimburse the landlord for his legal fees, court costs, and the expenses related to hiring a bailiff for the eviction.