Landlord Secures Ombudsman Ruling Against Sefton Council: A Cautionary Tale for Local Authorities

A recent ruling from the Local Government and Social Care Ombudsman (LGSCO) marks an important moment for private landlords navigating homelessness and eviction cases in England. The decision highlights the need for councils to act in line with the Homelessness Code of Guidance and demonstrates the real financial and procedural consequences when they fail to do so.

As a solicitor representing landlords and property professionals, I believe this case offers valuable lessons on the balance between tenant support and landlord rights.

The Case at a Glance

The complainant, Mr X, a private landlord, brought a case against Sefton Council after it advised his tenant, Mr Y, to remain in the property, despite the existence of a valid possession order and a clear eviction timeline.

Mr Y had ceased paying rent in August 2023, and Mr X had taken lawful steps to recover possession. The court granted a possession order in March 2024, setting an eviction date of 8 April. Despite this, Sefton Council told the tenant he could remain until bailiffs attended on 30 April.

This advice caused Mr X to incur further legal and bailiff costs, delay the regaining of possession, and suffer avoidable frustration.

Ombudsman’s Findings

 The Ombudsman found that Sefton Council failed in two critical areas:

1. Failure to Apply the Code of Guidance Properly: The Homelessness Code of Guidance makes clear that local authorities must assess whether it is reasonable for a tenant to remain in occupation after a possession order. Paragraphs 6.35 to 6.37 in particular caution against advising tenants to stay past the point of a court-ordered possession date. The Council offered no evidence it considered these provisions. That omission was deemed maladministration.
2. Failure to Prevent Financial Loss: The Council accepted, in hindsight, that it should have offered Mr Y accommodation once the possession order was made. The failure to act sooner meant Mr X was forced to pay for a warrant of eviction and bailiff services – costs he would not have incurred had the Council followed proper procedure.

Additionally, the Council delayed responding to Mr X’s stage two complaint, compounding his frustration. Though the delay was administrative, the Ombudsman rightly recognised it as part of the overall injustice.

The Outcome

 The Ombudsman required Sefton Council to:

• Apologise formally to Mr X;
• Reimburse his legal and enforcement costs;
• Issue reminders to officers about properly applying the Homelessness Code of Guidance, particularly when assessing the reasonableness of continued occupation.

Lessons for Landlords and Local Authorities

This ruling is a strong reminder that councils must not apply blanket advice regarding evictions and should always assess each situation on its merits. It also underlines the importance of maintaining a professional and legal approach to property recovery, even in the face of procedural failings by public bodies.

Landlords facing similar delays or mishandling by local authorities should consider raising complaints and seeking legal advice early. Where necessary, recourse through the LGSCO can be an effective tool in holding authorities accountable.

If you’re a landlord dealing with housing disputes or feel your rights have been compromised by local authority actions, don’t hesitate to get in touch. Timely legal advice can help you protect your property, finances, and peace of mind.  For assistance, contact our Litigation Department on 01283 531366 or email loshea@astlepaterson.co.uk or Jholmes@astlepaterson.co.uk