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Possession

Why Councils Tell Tenants to Stay

Local authorities may advise tenants to remain in situ during disputes. Understanding your legal position early helps you avoid costly delays.

Updated 12 January 2026

Legal Disclaimer

The information contained within TLA is intended for general guidance only and should not be relied upon as legal, financial, tax or insurance advice. Legislation, court procedures and insurance policies change regularly. You should always seek professional advice before taking action. Whilst every effort is made to ensure the content is accurate, TLA accepts no liability for any loss arising from reliance on this information.

When a tenant approaches the council facing homelessness, they may be advised not to leave voluntarily — even if they are in arrears — because voluntary departure can affect their housing duty assessment.

What this means for landlords

The tenant may have less incentive to leave or settle. Possession through court becomes more likely. Factor longer timelines into your exposure planning and ensure your rent log is court-ready from day one.

Stay procedural

Do not attempt illegal eviction or harassment. Follow notice requirements, engage mediation where appropriate, and document all contact. Rent and Legal Protection typically requires that you have followed the correct legal route.

Get ahead of it

Check your area's court delays and get your compliance documents in order before arrears hit.

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