What can you do if your tenant breaches the tenancy agreement?
If a tenant breaches a term of the tenancy agreement, for example by failing to pay rent or causing damage to the property, a landlord can apply to the court for an order to evict the tenant from a property, which is known as a possession order. When a possession order is obtained the court will order the tenant to leave the property by a specified date. Should the tenant not vacate the property in accordance with the terms of the possession order, a landlord can instruct enforcement agents to evict the tenant legally. Notice is usually served on the tenant on the breach occurring which allows the tenant a required period of time to vacate the property and/or rectify the breach of the tenancy agreement.
Our team of legal professionals can assist in drafting and serving the notice to ensure that it is valid and recognised by the courts, and assist with court possession proceedings in the event that the tenant does not comply with the notice. Court proceedings to obtain a possession order against a tenant can be complex, especially if the tenant has a defence or counterclaim. Failure to comply with court directions can cause several months of unwelcome delays to the claims process and therefore we would always advise that a landlord obtains legal advice.