If the correct procedure is not followed in relation to eviction of a tenant, there can be a number of consequences for the landlord under the numerous Landlord and Tenant Act. These include criminal liability and civil liability. These consequences highlight it is vital the correct procedure is followed pursuant to the numerous Landlord and Tenant Act.
The first step provided for in the Landlord and Tenant Act is for notice to be served by the landlord on the tenant. This notice should be in the form prescribed by the Landlord and Tenant Act. If the notice is not drawn up in the form prescribed by the Landlord and Tenant Act, a court can find that the notice is invalid. If this is the conclusion, the notice must be drawn up again as prescribed by the Landlord and Tenant Act. There are two types of notice prescribed by the Landlord and Tenant Act. The first is accelerated possession procedure. This procedure, however, does not allow the recovery of rent arrears. This is in contrast to the second procedure, ordinary procedure, which does.
It is not enough that the notice has been served. The Landlord and Tenant Act allows tenants to remain in possession until the service of a possession order. This must be issued by the court.
Even once this has been obtained, the landlord is not entitled to force the tenant to vacate the premises. If the tenant still refuses to vacate a bailiff’s warrant should be obtained. The purpose of this warrant, which is issued by a court, is to give a bailiff the right to evict the tenant
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