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.

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.

Until both these steps have been taken, the tenant has a right to stay in the property.

There are different rules for a resident landlord, and those tenants who have 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.

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