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Legal Process of Removing Tenants

  • By Steven Hayes
  • Published 11/1/2012

A tenancy is a legal contract. This contract enables the tenants to live in the property of the landlords. Like the tenancy, tenant eviction is also a legal process. For this you need to seek assistance from a competent solicitor.

The process of tenant removal is complicated. You cannot remove a tenant without legal permission. The process of applying force to evict tenants is an illegal act. This is also a punishable act. Therefore, if you want to get rid of the tenants, you need to seek legal help from a solicitor experienced in handling tenant evictions.

To evict a tenant, you need to serve a legal notice to quit. This notice should contain the date and time when you want to have the property back. Along with this the notice must include the ground upon which you want to reclaim the property.

This notice should be served in person or by post. If you are serving the notice yourself, you should make sure to do it before a witness. In case, you are sending this by post, you should preserve the receipt so that you can show it later on.

After sending the notice, you need to wait for the date and time to expire. Once the time has expired, you can serve the notice of intention to seek possession order. This notice is the indication that you are planning to seek Court’s order to reclaim your property.

You need to apply to the Court for the possession order. For this you will have to submit some documents. Your name and address, along with the details of the property is required to be submitted. In addition to this you need to include the ground of eviction to this notice.

The Court will review your documents and will decide whether to grant the order or suspend it for sometimes. In case the order gets granted, the tenants will have to leave the property within the given time period. On the other hand, if the Court decides to suspend the order, the tenants can remain on the property for as long as they want. Sometimes the tenants refuse to leave the property even after the possession order gets granted. In such event you can apply to the County Court for a warrant.

Those who are in hurry to reclaim the property need to apply for the accelerated possession order. This order will allow you to have the property back quickly. However, to obtain the order the tenancy needs to match up some conditions.

Firstly, the tenancy must be assured shorthold tenancy. The fixed term of tenancy must expire before Court grants this possession order. In addition to this you must have a written tenancy agreement to obtain this possession order.

To obtain accelerated possession order, you need to submit some documents. The copies of tenancy agreement need to be submitted. Copies of the notice to quit are also required for this possession order. You are also required to establish that you have safeguarded the deposit money.

You need to understand that accelerated possession order is for eviction only. This order will not provide any solution for a tenant not paying rent. Therefore, you need to solve the matter of rent arrears before obtaining accelerated possession order.

Author Bio: Steven Hayes is a professional consultant who offers advice on a wide variety of issues. He provides insights about what to do about the tenant not paying rent process in this article.


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