Tenancy Eviction

The legal procedure via which a landlord can evict a tenant from their leased property is known as tenant eviction. In essence, it's a court-ordered eviction that's frequently started after the tenant breaches the conditions of their lease, including not paying rent.

There are various reasons for the landlord to feel the need to evict the tenant. The most common ones being:

Non-Payment of rent – The most common reason for eviction proceedings to commence against the tenant.

Tenancy Agreement breach – This is another common reason for evictions proceedings to be bought against the tenant. A breach of tenancy is when the terms of the agreement are not adhered to and followed. An example of this could be if the tenant has been using the property to sub-let to others which is not allowed and a clear breach of the terms they agreed to.

Other legal grounds – Other legal grounds can also be bought up when the landlord wishes to have their property vacated. One of the reasons could be that the landlord wishes to renovate the property and move into it themselves.

The Eviction Process

Once it has been decided that the landlord wishes to have the property vacated, the eviction process begins. There are a number of key steps to follow to make the eviction process legal and lawful.

These are as follows:

1) Notice to Quit: This is the first step in the eviction process where the landlord has to provide the tenant with a written notice to quit and their intention to have the property vacated. The notice gives the occupier a specific time period to vacate the property by,
2) Application for Possession Order: If the tenant has not moved out of the property at the specified date on the initial notice, the landlord is then able to apply for a possession order via the court.
3) Warrant of Possession: If the tenant refuses to leave after the possession order, the landlord can then ask the court for a warrant of possession which allows the bailiff to remove the tenant from the property.

It is important the landlord follows the correct legal process. Without following the correct procedures and legal submissions, the landlord is unable to evict a tenant lawfully. If the landlord evicts the tenant without having followed the correct procedures, it can be considered a criminal offence.

The tenant has legal rights and they must be adhered to. The tenant is able to contest an eviction if the landlord cannot prove they have followed the correct procedures. If the tenant believes the grounds for eviction is unlawful, they are able to contest the landlords claim via the courts. The eviction process can be long winded so patience is needed. It is here that we at Lux Realty are more than happy to assist you with any eviction matter and put you in the right direction.

If you are having tenant issues and need this matter resolving, please enquire with Lux Realty today and we will be happy to assist you. Get in touch today.