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Eviction powers of a landlord


If you are a landlord, eviction of tenants can seem a difficult and daunting task. It is always best to seek the advice of a solicitor who specialises in housing and eviction before attempting to evict a tenant as failure to follow the correct procedure can make you criminally liable.

The law regarding eviction is largely governed by the Housing Act 1988, though as with most law there are other Acts, statutory instruments and previously decided cases that you must consider. If the tenant is in rent arrears and you are the landlord, eviction starts with you serving a notice of eviction on your tenant. You should obtain specialist assistance with this as failure to properly service the notice can delay proceedings. If the time on the notice expires without the tenant paying the overdue rent or moving out of the property, then the next step is to issue proceedings at the county court. If there is more than two months’ worth of rent outstanding, the judge must issue a repossession order except in very limited circumstances. If the judge does not issue a repossession order, it may be that there are problems with the property, or problems with the tenants’ housing benefit that you should have sorted out with the local authority before going to court.

Following the issuing of a repossession order, the tenants will usually move out of the property. In the event they do not, you should contact the court bailiff service who will evict the tenants on your behalf.

If you would like to obtain legal advice on eviction, landlords’ rights, or related information, Caven can put you in touch with a local specialist tenancy / property solicitor free of charge. So, if you have any questions or would like our help in finding local tenancy / property solicitors please call us on 0808 129 5759 or complete the web-form above.

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