When a property is leased to an individual or individuals they become the legal tenants of a property. As a result of this there are obligations on both sides of the contract, the tenant and landlord must adhere to these obligations. In cases where a landlord wishes to evict a tenant there is a strict process that must be followed. Despite the landlord legally owning the property, a landlord does not have the right to just evict a tenant just when they wish. A tenant has legal rights when it comes to the eviction process. What rights a tenant has in relation to eviction is dependent upon the type of property tenancy agreement that is in place. If a landlord wishes to or plans to evict a tenant they must inform the tenant in advance.
A ‘notice to quit’ will usually be served by a landlord, this will provide the tenant the chance to leave the property voluntarily before being evicted. If a tenant decides not to leave after the notice to quit being served a landlord must then provide the tenant with a Ônotice to seek possessionÕ; a tenant is within their rights to stay in the property until this has been provided. A notice of intent to seek possession is a statement from a landlord stating they are getting a court order to evict the tenant. Until the landlord holds a court order the tenant is still in a position to stay in the property.
A landlord cannot remove a tenant without the court order, attempting to do so would be breaching the law. If the landlord is granted a court order and the tenant still decides not to leave the landlord is legally in the position to use bailiffs to remove a tenant from a property. A landlord is not in the position to use any force or bailiffs until the courts have granted the correct permissions. A tenant has rights throughout the eviction process and the landlord must legally stick to the process of eviction. If a tenant is unsure of the their rights or the eviction process they should visit a citizens advice bureau.
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