Earlier this year, parents of a 30 year old man in the US commenced court proceedings in an effort to force their son to move out. Whilst this seems drastic, it seems likely they were left with no other option. Many landlords are similarly stuck with difficult tenants and forced to take legal action by way of a possession claim.
Evicting a tenant is often necessary and can seem complicated. There are strict procedures to follow depending on a number of factors including the type of tenancy agreement and the proper grounds for eviction.
A brief overview of the eviction process can be summarised as follows:
Tenants are entitled to written notice requiring them to leave a property. The type of notice used and the length of notice period specified will depend on the type of tenancy agreement and the reason for eviction.
The Possession Claim
If the tenant refuses to leave on the date specified in the notice, a landlord can apply to the court for a possession order. If you are not claiming unpaid rent (arrears) and have a written tenancy agreement in place, you might be able to use the accelerated possession procedure which is a paper exercise and so quicker than the standard procedure that will involve a court hearing.
The Possession Order
If an order is made, the tenant is usually ordered to leave the property by the date set out in the order about 14 days after the order is made.
Enforcement - The Warrant For Execution Of The Possession Order
If the tenant does not vacate the property by the date specified in the order, you can apply for a warrant of possession which gives court bailiffs authority to remove your tenant from the property, possibly with police officers in attendance.
How Fosters Can Help You
If you have a troublesome tenant you must evict, Fosters Solicitors LLP can assist, offering a full service.
The Litigation and Dispute Resolution team advises and assists on the procedure from start to finish, so from service of notice to enforcement.
Our Dispute Resolution lawyers have a wealth of experience and are here to assist with your legal problem, whether you are simply looking for some initial advice, or in the event that you need to obtain a possession order without delay. Call us on 01603 620508 or complete our online enquiry form and a member of the department will be in touch very soon.
If you are a member of the Eastern Landlords Association you can access specialist advice at this firm on the basis of a discounted rate. Please let the team member know when you make contact.