General Description of Possession
OrdersThe court will grant the landlord a Possession Order if the landlord
can demonstrate a good reason or reasons for such an order. The order, once
granted, will give the tenant a date whereby the tenant must vacate the
property. If the tenant fails to vacate by the due date the landlord can apply
for a Warrant for the eviction of the
tenant.
The tenant, however, can apply to the court for the order to be
delayed for a short time if severe hardship will result (illness, small
children, elderly/infirm tenant etc).
Obtaining a Possession OrderAs long
as the landlord has followed the correct procedures the court will grant
possession. However, judges are reluctant to evict tenants (especially on
flimsy grounds) and will ensure that such possession and subsequent eviction
orders are backed up with detailed and legally correct evidence. The main
justifiable reasons are detailed below:
- The tenant is at
least 2 months or 8 weeks behind with the rent.
- The tenant has
damaged the property.
- The tenant is a
nuisance neighbour.
- The expiry of the
6 month's contract (notice having been given by the landlord).
There is also the provision for the
landlord to obtain possession if:
- The landlord used
to live in the property and now needs to - the tenant should have been made
aware of this at the start of the tenancy.
- The landlord is
going to demolish the property.
- The landlord's
bank or other mortgage lender is repossessing the property.
The appropriate documentation must be
filed at court along with the court fee.
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Possession ProceduresMany
problems can be mitigated if the landlord follows careful procedures.
Initially, prior to letting, the landlord should:
- Prepare a valid letting
contract.
- Carry out a full inventory and
condition check.
- Have the inventory and condition
check signed by the tenant.
- Have a rent book prepared or
accounting procedures to monitor rent receipts.
- Vet the potential tenant by
taking references.
During the tenancy the landlord
should:
- Regularly inspect the
property.
- Ensure that the rent is paid on
time.
- Serve notice to quit two months
prior to the expiration of the tenancy agreement.
If things go wrong the landlord
should:
- Ensure that all documentation is
up to date.
- Initiate repossession proceedings
without delay.
- Maintain a watch on the property
and keep a log of any contractual deviations.
Possession Routes There are
two possible routes for effecting the repossession of residential property:
- Conventional Route
- Accelerated Route
The Conventional Route requires
the issuing of proceedings and a subsequent court hearing. This route is
suitable if repossession is required prior to the expiration of the rental
agreement and there are adequate grounds for the repossession.
The
Accelerated Route is used when the rental agreement has expired and the tenant
has refused to vacate the property.
For both routes it is essential
that proper procedures are followed as explained above.
In order to
commence repossession proceedings please go to our
Submit Form. |
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