Evicting Tenants

Ending your tenancies

As a landlord, there may be occasions when you need to ask the tenants occupying your property to leave. If, however, the tenant refuses to go after the agreed notice period, you will have to take legal action. You must first serve your tenant a ‘notice of intention to seek possession’ to inform them that if they do not leave, you plan to go to court to obtain possession of the property. This notice must be given before you can apply to court for the possession order.

Once you do go to court, the court will decide whether or not to grant you a possession order based on evidence from both parties. If the order is granted, the court will set a date on which the tenants must vacate the property. If the tenant still refuses to leave, even after you have the possession order, you will have to go to county court and apply for a warrant of eviction, where the court will arrange for bailiffs to come and remove the tenants from the property.

If a possession order is not granted, the court will allow the tenant to stay in the property as long as they stick to the guidelines set out by the court.

Evicting assured tenants

If the tenants started living in your property between 15 January 1989 and 27 February 1997, you may have to provide the court with a ‘grounds for possession’, outlining why  you need the property back.

Evicting regulated tenants

Tenants who moved into properties before the 15 January 1989 will have a regulated tenancy. As with assured tenants, if you wish to apply for a possession order, you will have to provide the court with a reason as to why you want the property back. You will also have to prove to the court that you informed the tenants in writing before their tenancy started.

If you need the property back for a different reason than the one you had previously informed them of, the court will decide whether to grant you a possession order after hearing from both parties.

You should always let the tenants know your reasons for needing your property back.

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