The homelessness code of guidance which local authorities "must have regard to when exercising their functions" in relation to people who are homeless or threatened with homelessness has been updated. Whilst the code as a whole is too extensive and not suitable for use by private landlords, landlords in the PRS should be aware of the provisions dealing with eviction process situations, including section 21 notices.

Landlords may often complain about how local authorities tell tenants to stay in a property when a possession notice has been served but the code lays down how local authorities should carry out (or should carry out) their "threatened with homelessness" duties.

Particularly with section 21 (as it currently exists) a local authority should treat the threat of homelessness as a given. They should exercise their duty to prevent homelessness (including by seeking to mediate, where the circumstances dictate, with the landlord or seek, for example, to agree with the landlord a delay sufficient to arrange alternative housing).

Chapter 6 of the code deals with situations where the tenant has been given notice and landlords may find section 6.17 to 6.39 useful in understanding how local authorities proceed in these types of cases.