It is not possible for a landlord to evict a residential tenant without following correct legal procedure. A landlord will be committing a criminal offence if they attempt to kick a tenant out without obtaining a valid court order. In such cases, the police should be called for assistance.

Tenants are protected by the law and landlords must first obtain a court order to evict them. A landlord is required to serve the tenant with a notice setting out why they wish to evict the tenant and the date by which the tenant should leave. In most cases, the landlord’s notice will provide the tenant with two months in which to leave the property.

If the tenant does not leave the property by the date provided in the notice, the landlord will be entitled to start eviction proceedings in the county court. A tenant has the right to defend eviction proceedings if they feel they are unfair. The tenant must file a Defence setting out their position fully and their response to the landlord’s allegations. The completed Defence should be sent to the court and to the landlord.

It is likely the matter will then be listed for a hearing where the landlord and the tenant (or their representatives) can attend and put forward arguments to the judge. The judge will then decide whether the tenant should be evicted from the property.

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