‘I evicted my tenant after he stopped paying rent – but the council told him not to leave’

Maria Radcliffe, 62, is anxious to sell her buy-to-let property before house prices drop any further.

She wants to cash in the value of the home so that she can retire, but she is facing an unexpected obstacle: the local council.

Her tenant agreed to leave the property in Esher, Surrey, when she completed the sale – only to find that rents had risen significantly in the area.

He went to Elmbridge Council for help, and they told him not to leave despite receiving a section 21 “no fault” eviction notice. 

If Radcliffe, who spoke using a pseudonym, takes him to court to enforce the eviction, he would become homeless – it is only then that the council would find him alternative accommodation.

Radcliffe’s situation is becoming increasingly common. The National Residential Landlords Association says it had seen a surge in calls from landlords facing this problem in the past six months.

The trade body has asked the Government to contact local authorities and urge them to stop the practice.

Chris Norris, of the NRLA, says councils are misinterpreting government guidance and trying to limit the number of people on their growing waiting lists for housing. The number of council homes has not kept pace with demand amid decades of low investment.

Mr Norris says some councils believe that if a tenant leaves their property before they are forced to by a court, they are making themselves voluntarily homeless and they do not have a duty to rehouse them.

However, in its Homelessness Code of Guidance for local authorities, the Government clarifies that housing authorities must take “reasonable steps” to help people threatened with homelessness because they have received a section 21 notice. It states: “Housing authorities should not consider it reasonable for an applicant to remain in occupation until eviction by a bailiff.”

If tenants choose this option, they could also end up with a court order to pay the debts they rack up, which would show up on their credit report and impact their ability to secure another rental property in the private sector.

“It’s really stressful for the tenants: they know they don’t have a valid defence to section 21, and they’ll have to move out anyway,” Norris says. “It’s stretching out this process that doesn’t need to be stretched out.”

Landlords like Radcliffe face long waits to get their properties back through the courts, which have backlogs exacerbated by the pandemic.

Her sale was supposed to complete in February but has now fallen through.

She and the buyers, a young couple purchasing their first home, lost thousands of pounds in fees. Radcliffe now expects to spend more of her savings on court bills that could see her waiting months to get her property back.

“I can’t get on with my life,” she says. “I understand that the tenants have rights, but owners have rights as well. There is nothing to defend us unless we go to court and spend lots of money – this is very unfair.”

‘I don’t think I can face this again’

The experience of trying to get their properties back has horrified some landlords so much that they are leaving the sector.

Mary Handley, 64, has not received any rent for her property in Sunderland since October, when her tenant stopped paying.

She is disabled and downsized so she could purchase the buy-to-let property as her main source of income.

It has been a tough winter without the rent, which brings in around £350 a month after letting fees.

“I couldn't heat my home for the winter,” she says. “I have been living in an old fur coat. It really hurts my shoulders because it's very heavy, but it was really the only way I could survive because I just couldn't put the heat on. He's been using my rent to heat the house in Sunderland.”

Handley, who spoke using a pseudonym, says the council has told the tenant to stay until after the court case and the bailiffs arrive. It will cost her more than £1,000 to evict him.

“I’m probably going to have to sell the property because I just don’t think I could face this again,” she says.

‘It’s very upsetting’

Tony Hart, who is in his 60s, says his letting agent managed to convince his tenant not to take Hounslow Council's advice by explaining the negative repercussions she would face – narrowly avoiding a costly legal battle.

He served a section 21 or "no fault" notice after the tenant, a single mum, refused to accept a rent increase.

Hart, who spoke using a pseudonym, had only raised the rent by £50 during the past six years that she lived there – but when his tracker mortgage rate more than doubled he started making losses.

The new tenants will pay the market rate of £1,650 a month for the two-bedroom flat in west London, compared with £1,375 during the previous tenancy.

“It's very upsetting because you've been treated like you're evil and actually all you're doing is providing a home for somebody,” he says.

Sunderland City Council says it works closely with the NRLA to support landlords. It says: “Anyone facing housing concerns or homelessness is provided with advice and assistance to alleviate and mitigate their housing issues.”

Elmbridge Borough Council says: “The level of assistance that councils owe to households at risk of homelessness will vary depending, for example, on whether the household has a priority need or not.

“Generally, households with a priority need (such as families with dependent children) would be offered temporary accommodation whilst single people who are not vulnerable and who do not have a priority need would be offered advice and support to prevent and relieve their homelessness, but councils would not be required to provide temporary accommodation.

“In the latter situation and where a private tenancy is coming to an end, as well as providing advice on the various housing options available to them and developing a personal housing plan we would advise the tenant of their rights to remain in occupation beyond the expiry of the notice of seeking possession. This may be helpful for the tenant, particularly where alternative housing has been found but it is not available straight away, but that is not the same as the council advising the tenant to stay put.”

Councillor Sue Sampson, of Hounslow Council, said: “We know that many residents across the borough in the private rented sector are facing difficulties with their housing, especially with the cost of living crisis and drastically rising costs of rent and bills.

“Our priority as a local authority is to support residents and prevent them from becoming homeless. We provide a range of advice, guidance and support, which includes ensuring residents are informed of their legal rights as a tenant.”