Residential Landlord & Tenancy
15. Eviction of Tenants
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 15 Sep 2015
- Landlords must be aware of the procedure for evicting tenants.
- Sometimes a ‘notice to vacate’ may not be sufficient particularly if the tenant refuses to leave the premises.
- If a landlord fails to comply with the termination provisions contained in the legislation the termination may be considered not to have any effect and may be illegal.
- There are generally three main steps to be followed when evicting a tenant:
- a notice to vacate must be served (given) to the tenant;
- the landlord must apply for and subsequently obtain an order for possession from the relevant tribunal; and
- the landlord must obtain a warrant of possession which must be executed (completed) by the police.
- Where there is a dispute or other conflict concerning the termination of a tenancy or a notice to vacate it is essential that these procedural steps are followed.
- If a landlord is in the position where they need to evict a tenant it is advisable to seek the advice and experience of a lawyer to assist them in the process.
- When a tenancy agreement comes to an end there are actions that both the tenant and landlord must take to finalise any loose ends.
- For example tenants will need to transfer or claim back their bond.
- There are procedures in place to deal with any property left behind by tenants and provisions that relate to any disagreements about compensation for damage or rent that remains in arrears (unpaid).
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