What can a landlord do if a tenant refuses to leave
Landlords have several options available to them to address the situation and regain possession of the property
Where the notice has been served correctly and the landlord has complied with these rules, if the tenant refuses to leave the landlord may start the eviction process. A court order (possession order) application is needed to remove the tenant. Only a court bailiff can legally forcibly remove a tenant.
A statutory periodic AST is usually monthly and the landlord must give at least two months’ notice.
Where the periodic AST is contractual, the landlord should follow the agreed stipulations in the letting agreement.
For some older tenancies this notice must expire on the last day of a tenancy period.
For example, if a rent period runs from the 2nd to the 1st of every month, the end of tenancy date stated in the notice must be 1st of whatever month. Note, the rent period is from when the tenancy started (date in the agreement), which is not necessarily the rent payment date.
Under Section 21, the landlord / agent submits a claim form (N5B) along with all the evidence needed to show compliance with the rules, to the county court, or using the Possession Claim Online government website, but only when the notice has expired.
The court sends a copy of the claim form to the tenant, who then has 14 days to reply to the claim. Tenants can file a defence, but under Section 21 they are limited as to what constitutes a defence.
Some tenants seek an extension of time in which they have to vacate. The maximum extension a judge can grant is 42 days from the date of making the order.
If no defence is filed, it is likely a possession order will be made out – no need for a court hearing.
It can take approximately eight weeks to receive the order for possession, depending on the workload of the court.
Claims under Section 21 do not enable a landlord to claim for arrears of rent.
Once a possession order has been made out by the court the tenant/s should vacate the property, but failing this the landlord must apply to have the court bailiff remove the tenant.
This entails another fee and another wait for vacant possession.
