Whilst eventually landlords can remove tenants from properties they cannot just attend at a property and physically remove a tenant. There's a prescribed procedure that they need to follow and without doing so could be deemed as an unlawful act for which there could be criminal sanctions.
Whilst ever there is the fixed term within the tenancy agreement you are protected and entitled to stay in the property for that time. However, if you do breach the terms of the tenancy the landlord could bring it to an end early. If a landlord does want possession of the property back, they have to serve a notice on the tenant in the prescribed form giving the right amount of time to leave. That can vary from two weeks up to several months depending on which ground they are using for the possession.
If as a tenant you did not leave, they would have to issue court proceedings and obtain an order from the court for possession. If as a tenant, you still didn't leave then bailiffs would have to be instructed via the courts to gain physical possession of the property back. However, tenants must bear in mind that if it did go to court a landlord could ask that they are awarded their costs which means the tenants could end up with a CCJ (County Court judgment) against them and that may have an effect on their credit rating.
Here is a video recorded by our Dispute Resolution Solicitor, Emma Cornell:
Here at Taylor Bracewell our Dispute Resolution team are experts in dealing with tenants and landlords. If you have any issues or queries you wish to speak to one of our experts about, don’t hesitate to contact them on 01302 341 414 or by filling out our online enquiry form!
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