Landlord Tenant Eviction

Landlords always have to adhere to legal landlord tenant eviction procedures before they may evict their tenants and even then most tenants can only be asked to leave in specific situations. These evictions procedures typically start once a landlord tells their occupant in writing that they want them to leave the rental property.

Unless a fixed period has come to a close a landlord is always obligated to provide grounds as to why an occupier is being turned out; these grounds may well be the fact that there is unpaid rent outstanding.

To finish an assured shorthold tenancy according to housing legislation after the completion of the fixed period, a landlord is duty-bound in law to issue a section 21 landlord tenant eviction on their renter giving them 2 months notice or more.

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Even when an occupant has outstanding rent, a landlord must still comply with the legal landlord tenant eviction process; which means that every landlord must get a repossession order granted by a court before any tenant can be thrown out.

If a landlord wants to issue a landlord tenant eviction document because, let's say the tenant owes more than 2 months in rent; the landlord should then issue a section 8 notice, giving rent arrears as the justification for their eviction. Whenever a tenant owes rent to a landlord it is very likely that they will be evicted unless there are extenuating circumstances.

Landlord Tenant Eviction - Applying for Possession.

There are many different kinds of repossession orders and every landlord must obtain such an order and not simply throw their tenant out. Once a court consents to a repossession order, this will stop the occupier's legal prerogative to reside there which means the landlord then has the right to throw their tenant out.

However once in court, an occupant may plead their case and very often a tenant can come to an agreement with the judge, who could rule to permit the tenant to settle any outstanding rent in instalments. A court may sometimes postpone granting an order or in some cases decide not to agree to a repossession order; this is likely especially if a landlord has not kept to the correct lawful procedures.

Again a court may defer the order on special terms if they feel that an eviction order is too harsh. This is a suspended possession order and is usually given when for instance a tenant agrees a repayment schedule to pay off amounts overdue or agrees to discontinue any behaviour contravening the terms of the tenancy.

Nevertheless, if the court agrees with a landlord's claim, then the court it will issue an order providing a tenant with deadline by which the tenant must move out, this is normally 14 to 28 days. If the tenant still refuses to move out, the landlord should then request the court grants an eviction warrant and as a consequence to this, the court will set up bailiffs to perform the eviction of the inhabitants.