Q47: What is the correct procedure a landlord should follow to legally evict a tenant?
Landlord and tenant relations is a very complex area of law, and the following advice is only to be used as a very basic guide. For further detailed advice you should contact your local Citizens Advice Bureau (CAB), or a solicitor.
The correct procedure that a landlord must follow to legally evict a tenant includes three stages -
◾the issuing of a legal written notice by the court
◾ obtaining a court order for possession and;
◾ the application of a bailiffs warrant (to be enforced by a County Court bailiff)
Until all these three steps have been taken, the tenant has a right to stay in the property.
There are different rules for a resident landlord, those tenants who have a fixed term contracts and periodic tenancies which will not be duplicated here. Although a court order is not strictly required in these situations it is still advisable for the landlord to obtain one to avoid any possible criminal charges.
See the website in Related Information to find your local authority.