Court eviction
UNFORTUNATELY, NOT ALL TENANTS VACATE A PROPERTY WHEN THE RELEVANT NOTICE EXPIRES AND IT MAY BECOME NECESSARY TO GO TO COURT.
BEFORE A LANDLORD CAN BEGIN COURT ACTION, THE CORRECT NOTICE MUST HAVE BEEN SERVED AND THE APPLICABLE NOTICE PERIOD MUST HAVE EXPIRED. IT IS A CRIMINAL OFFENCE TO EVICT A TENANT WITHOUT FIRST OBTAINING A COURT ORDER FOR POSSESSION.
IF YOUR TENANT WON’T LEAVE AFTER NOTICE HAS EXPIRED, OUR TEAM CAN GUIDE YOU THROUGH THE LANDLORD COURT EVICTION PROCESS AND ADVISE ON THE MOST APPROPRIATE NEXT STEPS.
First step –
When you serve notice
It is important that you keep copies of all notices served and evidence showing how they were delivered. If the tenant disputes receiving the notice, this information may be required by the court.
The next stage can often be confusing for landlords and letting agents. Errors in notices, paperwork, or procedure can result in delays or unsuccessful claims.
Whether you have served a Section 8 notice or another notice seeking possession, obtaining advice at an early stage can help avoid costly mistakes.
After The Possession Order
If the court grants possession, the tenant will usually be given a date by which they must leave the property.
In many cases this is 14 days after the order is made, although the court has discretion depending on the circumstances.
If the tenant leaves by the possession date, the matter comes to an end.
If the tenant remains in occupation after the possession order takes effect, further enforcement action will usually be required.
Starting Court Proceedings
If the tenant remains in the property after the notice period has expired, it may be necessary to issue a county court possession claim.
The court will consider the evidence and, where appropriate, make a possession order requiring the tenant to leave the property.
Many landlords are unsure how to get a possession order or what documents are required. Depending on the circumstances, this may involve preparing a possession claim form, supporting evidence, witness statements, and other court documentation.
Our advisors can guide you through the eviction court proceedings and explain what is required at each stage.
Bailiff Eviction
If the tenant does not leave following a possession order, a bailiff eviction may be necessary.
A bailiff eviction landlord application can be made to enforce the court order and recover possession of the property lawfully.
Depending on the circumstances, enforcement may be carried out through the County Court or, where appropriate permission is obtained, by High Court Enforcement Officers.
The Eviction Hearing
In many cases, the court will list an eviction hearing where the landlord’s claim is considered.
The court will review the evidence, consider any defence raised by the tenant, and determine whether a possession order should be granted.
The outcome will depend on the type of claim, the evidence available, and whether the tenant disputes the proceedings.
Accelerated Possession Procedure
In some circumstances an accelerated possession procedure may be available.
The availability of this process will depend on the tenancy, the grounds relied upon, and the legislation in force at the time. Our team can advise whether an accelerated route is available and appropriate for your circumstances.
What We Can Do For You
We will draft, prepare and advise on all documentation required throughout the possession process, including court applications, supporting evidence and procedural requirements.
Our team regularly assists landlords and letting agents across England with:
• Possession claims.
• Court eviction matters.
• Rent arrears cases.
• Possession orders.
• Eviction hearings.
• Bailiff enforcement.
• Landlord and tenant disputes.
We will advise you on the most appropriate course of action and guide you through every stage of the process.
We’re here to help
If you need advice on court eviction proceedings, obtaining a possession order, or dealing with a tenant who won’t leave after notice has expired, contact our team today.
REQUEST AN INITIAL CASE REVIEW
Tell us about your situation and we’ll discuss the options available to you.