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Q47: My landlord has evicted me and I dont think it was legal, what is the proper procedure? / I want to evict my tenant, how do I do it?

Landlord/ tenant relations are a very complex area of law and the following advice is only to be used as a very basic guide. For more complete advice you should contact your local Citizens Advice Bureau or a solicitor.

The proper procedure that a landlord must follow to legally evict a tenant is as follows,

  • A legal written notice
  • A court order for possession and
  • 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 reproduced 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.

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