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Waiting For Bailiffs

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Homeless

It seems to be a perennial problem that the appropriate paperwork has been served, the local authority have a duty to house (in order to prevent homelessness) and yet the tenant believes they have been told no help will be forthcoming until the bailiffs arrive.

We asked via one of our local MP's for evidence to support our case from the House of Commons Library, this is what they said.... 

The Response

Dear xxx,

You asked the Library for information about local authority practice when someone applies for homelessness assistance after being served with a notice under section 21 of the Housing Act 1988. Portsmouth and District Private Landlords Association (PDPLA) has reported that Portsmouth Council "nearly always adopt a "wait for bailiffs" policy."

PDPLA has made some specific requests. I have responded to these, in turn, below.

Housing is a devolved policy matter, and the following applies to England.

Local authority homelessness responses – section 21 notices

Local authorities' homelessness duties

By way of general overview, the homelessness duties of local housing authorities in England are set out in part 7 of the Housing Act 1996 ('the 1996 act'). Authorities should make their homelessness decisions on a case-by-case basis, with reference to all relevant legislation and case law. They must also have regard to the government's statutory homelessness code of guidance ('the code of guidance') and follow their internal policies and procedures, which may be published on their website.

The Commons Library briefing Statutory homelessness (England): The legal framework and performance (July 2024) provides an overview of councils' homelessness duties.

Data on local authority practice

PDPLA asked if the Library holds "data on which authorities adopt a "wait for bailiffs" policy in breach of current guidelines" in the code of guidance.

It is not possible to gauge the extent to which local authorities adopt a "wait for bailiffs" policy because no such data is publicly available. However, I have provided some information below about what the code of guidance says about homelessness applications from people who have been served with a valid section 21 notice.

When a section 21 notice has expired

As noted by PDPLA, the code of guidance makes it clear (at paragraph 6.33) that local authorities should not be routinely advising tenants who apply to them for housing assistance to remain in their rented properties once a valid section 21 notice has expired.

Paragraphs 6.29 to 6.38 of the code provide further, detailed guidance on whether it would be reasonable for an applicant to remain in their accommodation after a section 21 notice expires. For example, paragraph 6.35 says that unless the local authority is "taking steps to persuade the landlord" to let the tenant remain living in the property for a "reasonable period" while alternative accommodation is sought, it is unlikely to be reasonable for a tenant to remain after the expiry of a section 21 notice if:

  • the landlord intends to seek possession
  • the tenant has no defence
  • further efforts to persuade the landlord to allow the tenant to stay are likely to be unsuccessful

When a landlord has a possession order

Regarding possession orders, the code says it is "highly unlikely" that it would be reasonable for an applicant to continue occupying their accommodation beyond the date on a possession order (para 6.36).

When a landlord has an eviction warrant

When a landlord has an eviction warrant, the code says, "authorities should not consider it reasonable for an applicant to remain in occupation up until the point at which a court issues a warrant or writ to enforce an order for possession." (Para 6.37)

The Library briefing Applying as homeless from an assured shorthold tenancy (England) (last updated on 9 July 2020) may be of interest. It provides background information on how local authorities deal with private tenants who have been served with a section 21 notice and are about to become homeless.

Complaints and challenges

Complaints about how a local authority is dealing with a homelessness application should, in the first instance, be lodged using the local authority's formal complaints process. If the complaint remains unresolved after exhausting this process, the case may be referred to the Local Government and Social Care Ombudsman (LGSCO) for investigation.

Research into local authority practice

PDPLA asked whether the issue they've raised can be addressed through research into local authority practice.

The Library is unable to undertake this research because it would require "an inordinate amount of staff time" (see House of Commons Library: Statement of Services, para 2.4). However, you may find it useful to know that the Local Government and Social Care Ombudsman (LGSCO) has considered multiple complaints about local authority practice regarding homelessness applications from people who have been served with a section 21 notice.

The following LGSCO decisions may be of particular interest. The list includes decisions on complaints from homeless applicants and from private landlords.

[Note: this is not an exhaustive list. Other examples may be available through the "Browse Decisions" tool on the LGSCO website]

Renters' Rights Act 2025

PDPLA asked whether "the homelessness prevention guide [can] be updated to reflect the new act and available to local authorities and advice bodies from commencement day".

I'm presuming PDPLA's reference to the "prevention guide" means the homelessness code of guidance and "the new act" means the Renters' Rights Act 2025 ('RRA'), which received Royal Assent on 27 October 2025.

Among the RRA's provisions are measures to reform the tenancy system by abolishing fixed term tenancies and with them, section 21 notices. The act will also reform and expand the lawful reasons (grounds for possession) that landlords can use to reclaim their properties where necessary, while ensuring appropriate safeguards for tenants are in place.

Amendments to the homelessness legislation

To account for these changes, the act includes amendments to the relevant section of part 7 of the Housing Act 1996. For example, section 175(5) of the 1996 act currently says that where a homeless application is made by someone who has been served with a valid section 21 notice that expires within 56 days, and the applicant has no other accommodation available for their occupation, they are "threatened with homelessness". The Renters' Rights Act 2025 will amend section 175(5), so that where a notice is served under any of the grounds for possession in section 8 (instead of section 21) of the Housing Act 1988, an applicant will be threatened with homelessness if the date specified in the notice is within 56 days.

On updating the code of guidance to reflect these changes, the Housing Minister, Matthew Pennycook, has said the necessary amendments will be made:

Following Royal Assent of the Renters' Rights Bill, the government will make any necessary amendments to the Homelessness Code of Guidance.

Ahead of these changes, we will engage closely with local authorities and other relevant stakeholders to help them prepare for the Bill's implementation. (PQ 71445 [on Private Rented Housing: Evictions], 29 August 2025)

Implementation of the RRA

Although the act has received Royal Assent, most of the provisions are not yet in force. Many will require further consultation on the details as well as secondary legislation before they can come into force.

The new tenancy regime, which will apply to both new and existing tenancies, will come into force on 1 May 2026. From this date assured shorthold tenancies in the private rented sector will convert to periodic assured tenancies with no end date, section 21 evictions will be abolished, and the reformed grounds for possession will apply.

Further information about the RRA, including its implementation, is provided in the Library's constituency casework page Renters' reform in England: What's happening and when? (3 December 2025).

I hope this is helpful. If you need anything else, please do get in touch. 

Conclusion

The letter confirms that while councils like Portsmouth may appear to delay assistance until bailiffs are involved, this practice is not supported by the statutory code of guidance. Authorities are expected to act earlier, once a Section 21 notice has expired, unless they are actively negotiating with landlords.

Although no national data exists to measure how widespread "wait for bailiffs" policies are, Ombudsman rulings show that complaints against councils on this issue are common.

Importantly, the Renters' Rights Act 2025 will abolish Section 21 notices entirely from May 2026, replacing them with reformed grounds for possession. This will fundamentally change how homelessness applications are assessed, requiring updates to the Homelessness Code of Guidance and potentially resolving the "wait for bailiffs" concern in the long term. 

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About the author

Martin Silman

Martin began his landlord journey 30 years ago, while working in an international role for a global telecommunications company. Since retiring he has extended his portfolio, which he manages with his wife, but has always focussed on the ‘small student HMO’ sector preferring to offer homes in the community for small groups to the more common ‘pack them in and take the money’ mentality. He has chaired the PDPLA for the past 12 years and has overseen the Associations transition from small local self-help group to a much larger and more professional institution which is recognised and listened to nationally. Alongside his PDPLA role, he also has leadership roles in a number of other local organisations – bringing his unique perspective, driving for change and increased use of technology while respecting the history that brought us here.

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