Evicting A Tenant From A Property Via The Courts

[chokkie]

I wonder if anyone can help please - what is the legal process for evicting a tenant from a property if he/she has already been served with a notice to quit, by the landlord, but will not or cannot move out on the appointed date .... The flat is in the hands of managing agents, do they have to put the eviction process in motion, or does it have to come from the landlord? And how is it actually done? Hope you can help, please. We were discussing this the other day and we haven't the faintest idea how it all works. Many thanks in advance, Chox.

[Buenchico]

The landlord needs to seek a court warrant to use bailiffs to evict the tenant, using this form:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n325-eng.pdf

More information here:
https://www.gov.uk/evicting-tenants/eviction-notices-and-bailiffs

The possible legal response by the tenant is explained here:
http://england.shelter.org.uk/get_advice/eviction/eviction_by_bailiffs/stopping_eviction_by_bailiffs

[Peter Pedant]

I imagine that a s21 notice has been served on the tenant

you have to wait to the day on the s21 notice
and then apply for a court order

you now have to do this on PCOL ( possession claim on line )
This is internet based and remember ( when I used it if you didnt pay up on the day then the first drafts were binned (!!). So you will fill it out on the day after the day given in the notice as you dont have a claim until then

pay and off it goes. PCOL allows you to claim rent arrears if as well if there are any


wait for the accelerated court date - and turn up and tell the judge why you want the property.

s21 is forcing so all the judge can do is delay the order

Manchester it works well - why is the tenant refusing to leave just in passing ?

[chokkie]

Thanks folks, this information is very helpful and much appreciated. The tenant isn't actually refusing to go, but we need her to vacate the property by a certain date, and she hasn't had much luck in finding new accommodation - mainly because she's (a) got a dog and (b) is on benefits so can't afford other rental properties. Cheers, Chox.