| Full
Article:
Court Possession Order
Landlords should be aware that unless a tenant
leaves voluntarily a court order must also be obtained to
evict a tenant from her accommodation. Harassment
by landlords can result in serious and expensive consequences.
Landlords should remember that tenants are
often advised not to leave their tenancy voluntarily as this action prevents
them being automatically re-house by the local authority. This gives
the landlord no option, therefore, but to apply for a possession
order.
A fixed term Assured
Shorthold Tenancy (term certain) ends when it is brought to an
end by:
- The tenant
giving notice to quit, which must be in writing and for a
period of 4 weeks for a monthly tenancy.
- The tenant surrendering
the tenancy at the request of the landlord
- Court order.
Landlords must
give tenants 2 months notice of termination of an Assured
Shorthold tenancy which is in the form of a notice requiring
possession. This must be in writing but the 1996 Act does not
prescribe a particular form of notice.
Landlords now
often service this two-month notice at the commencement of the
tenancy to avoid problems with the serving of such a notice at a
later date, if relations have become strained.
There are 17 main
grounds for possession
under an Assured or Assured Shorthold Tenancy, the first 8 being mandatory
(automatic providing all the conditions are met) or discretionary,
depending upon the judgement of the court.
Stages to be Followed - Possession
Procedure:
- The landlord serves a valid
notice, there being several types of notices depending on the
type of tenancy.
- Notice expires and the landlord
applies to the county court for a possession order
- The tenant answers the claim
either with
- Admission
- Defence
- Counterclaim
- Accelerated
Possession procedure can be followed if it's an Assured
Shorthold Tenancy
- Courts can then grant:
- A possession order (enforceable
within 14 to 28 days)
- A suspended possession order
- Possession order becomes
enforceable
- Landlord applies for a bailiffs
warrant
- Bailiffs enforce the warrant
©
LandlordZONE 2006 |
