9 July 2019

How can I evict my tenant without any problems?

Eviction Notice

If you need to evict your tenant it is essential that, as a landlord, you provide your tenants with all the requisite information and documentation that the legislation requires you to provide at the right time. If you fail to provide this documentation and/or incorrectly serve the required notice, called a Section 21 Notice, this can jeopardise any possession proceedings you may be later required to instigate if the tenants do not vacate the property at the end of the term of the tenancy.

Whether you can evict the tenants will also depend on the conduct of the tenants as well as whether the term of the tenancy has expired or not.  If the term of the tenancy has not expired and the conduct of the tenants is not in breach of the tenancy agreement, it is unlikely that you will be able to regain possession of the property before the term expires, unless there is a break clause within the tenancy agreement which may allow you to regain possession after six months. If the conduct of the tenants is in breach of the tenancy agreement and sufficiently serious, you may be able to seek possession of the property prior to the end of the term.

Depending upon the type of tenancy your tenants have, the circumstances of their conduct and whether you are seeking possession of your property only or possession and rent arrears, there are different Court procedures open to you. It is important to use the right procedure and have complied with your requirements as a landlord prior to issuing possession proceedings as otherwise you run the risk of the Court striking out your claim.

This is a complex area of law.  We advise and represent many landlords as clients on their rights and responsibilities as a landlord as well in any possession proceedings they may be required to issue. Whether you need advice prior to renting a property out or if you need assistance with recovering possession of a property, we can help.

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