I served a Section 21 eviction notice to my tenant in September 2025. So the tenant went to the Council, Brent council for advice (provided by Shelter, I was told by tenant) and he was advised not to move out until the Bailiffs came and then the Council would be able to rehouse him and his family.
During the process, the tenant was order to pay £404 in court costs, which he did within the set time period. However, in his final rental payment (it took 9 months for the eviction!!) he deducted the court costs on the basis that this was the advice given to him by Council advisors.
Can you believe it? Now I will have to take my tenant to a small claims court and make a formal complaint/ fact finding mission to the Council to stop advisors breaking the law…Any thoughts?
did he have that advice in e mail that you can get hold of?. My guess is no
His comment, as reported could be read two ways. Does he mean the Council advised him to wait for the bailiffs, (rather than not pay) and therefore he doesnt think he should have to pay the court costs?
Either way, you’ll never prove it.
Which law do you think the council advisors have broken?
Withholding rent (for whatever reason) isn’t against the law per se you can claim as rent arrears from deposit or through small claims court. They have given poor advice which may cost tenant more (as tenant will pay your claim fee too). But I don’t think that’s illegal.
Def worth a complaint to get on record from the council whether that was the advice given. It seems very foolish of a council to be telling tenants to withhold rent to pay court fees when that is nowhere part of the contract signed by the tenant. But it’s a civil matter.
Best