If you are a landlord and letting agent, you may from time to time be faced with the need to remove a tenant from a residential property you own or manage.

This could be due to the tenant being in rent arrears, damage to your property or anti-social behaviour. Or you might simply need vacant possession to sell the property for your own personal reasons.

BHW’s dispute resolution solicitors regularly advise landlords and letting agents on the legal process to remove a tenant from a rented property. The procedure for evicting tenants is extremely regulated and it is easy to get it wrong.

In the majority of cases, you will need to acquire a court order to take possession of the property from your tenant. Indeed, it is a criminal offence to evict a residential occupier without a possession order. The court could even be prevented from granting a possession order if papers are not completed correctly, leading to substantial delays and additional expenses.

Download our guide for Residential Landlords and Property Agents, explaining the process of making a residential property possession claims to remove a tenant.

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