Tenant Eviction Notice

The recognised stages in a tenant eviction procedure begin with the serving of a tenant eviction notice. Should the tenant eviction notice not have the desired effect then an application can be made to court for a repossession notice.

If following the issuing of a repossession notice the tenant still does not move out, then court appointed bailiffs can be arranged to perform a tenant eviction. Every tenant has legal rights so any tenant who fears they will be be turned out of their home and most likely forfeit their deposit, will make every attempt to maintain those rights.

Tenant Eviction Notice

If landlords want to remove any tenants from their rental dwelling, they must start by serving their tenant a tenant eviction notice. There are a couple of methods for achieving this repossession, either citing section 21 or section 8 in the Housing Act. In the circumstances where a landlord does not want to pursue rent arrears because of the time and expense incurred; and simply wishes for their rental dwelling to be given back swiftly by a tenant, landlords can use an eviction notice citing section 21 of the Housing Act.

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hese section 21 notices are a prerequisite to the accelerated possession procedure which is a speedy route for repossession of a rental dwelling. Unfortunately when pursing repossession following a section 21 method, a court cannot issue any money orders for outstanding rent.

Some landlords choose to pursue repossession using a notice citing section 21 because they want fresh paying tenants moving in as fast as possible. Most landlords are heavily dependent on their rental income, so they need to urgently get any non paying people out.

Tenant Eviction Notice

Following serving a notice citing section 21 any court will want to confirm that the correct actions have been undertaken, hence it is vital the eviction steps are completed properly. The landlord should forward the notice by post, if at all possible by recorded delivery or deliver by hand the repossession notice together with a third party witness . This way the tenant will be powerless to claim that the notice was not served.

The notice must include the day by when the landlord wants the tenant to vacate the rental dwelling, and this date should come at the conclusion or following any agreed period of tenancy. Similarly this date must be no less than two months following the day on which the notice was served, allowing the tenant up to that date to vacate the rental dwelling.

If the tenant refuses to get out of the rental dwelling by the day stated in the tenant eviction notice, a landlord can then go via the courts to obtain a repossession order.

If still the tenants do not move out, the landlord may then ask the court for an eviction warrant following which the hearing court will arrange bailiffs to perform the tenant eviction. In this situation, the landlord may also claim from the tenant the expense of the court actions.