The Eviction Process

Before the eviction process begins, it is vital to ensure that the correct process and procedure is followed. If the eviction process is ignored, a landlord may face criminal charges for illegal eviction regardless of the amount of rent arrears or damage to the property.

Step 1 in the eviction process is to correctly prepare and serve on your tenant the correct Notice. If you seek to rely on an incorrect Notice and the error is discovered at Court, the Judge will in all likelihood dismiss your case completely sending you back to Step 1.

Once the correct Notice has expired and if the tenant has failed or simply refuses to leave the property, the only way to lawfully evict the tenant is with a Court Order.

In order to obtain a Court Order you must follow Step 2 by using either the ‘‘Standard’ or ‘Accelerated’ Procedure which will normally be determined by the Notice that has expired and the individual facts of the case.

Provided the relevant procedure has been followed correctly and no valid defence is put forward, the Court will make an Order for possession of the property, and where appropriate a money Order in respect of any rent arrears.

The tenant will have a short time, usually between 14 to 28 days depending on the Judge, before they have to vacate the property and pay the outstanding rent arrears if any. If the tenant fails to vacate the property by the date stated in the Order, then the Landlord must move to Step 3 and ask the Court for a Warrant of Execution allowing the Court Bailiffs to attend the property and carry out an eviction, returning the property to the Landlord.

If the tenant fails to pay the outstanding rent arrears, the Landlord will have to move to Step 4 of ‘debt recovery’ procedure as enforcement action will need to be taken.

The eviction process can be extremely complicated if not followed correctly, our Solicitors ensure that the eviction process proceeds quickly and as stress free as possible.