Eviction law


Eviction law is the law relating to a landlord attempting to remove a person from their property. The Housing Act 1988 is the main piece of legislation used when attempting to remove a tenant from the property due to rent arrears. The Act states that a notice must be served on the tenant notifying them that they are in arrears and giving them time to pay the arrears, or move out of the property, before legal proceedings are issued. Failure by the tenant to observe this notice will usually result in the landlord issuing proceedings at a county court for a repossession order.

Eviction law is slightly different when it relates to squatters. If the signs of forced entry are still visible and the squatters have only just moved in, then the police may evict them. If the police cannot remove the squatters it is possible to regain possession by peaceable re-entry, that is seizing possession of the property by going in and securing the property without force. If these two methods are not available, then it may be necessary to gain a court repossession order. It is now possible to get an interim possession order while a judge is considering whether a repossession order should be made and this will allow you to gain possession of your property more quickly.

Eviction law can be complex and it is always worth instructing a solicitor who can give you legal advice and assist you with drafting documents, so that possession of your property can be secured more quickly.

If you would like to obtain legal advice on eviction law, Caven can put you in touch with a local specialist property solicitor free of charge. So, if you have any questions or would like our help in finding local property solicitors please call us on 08001 221 2299 or complete the web-form above.

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