Court Procedures

The court procedure commences with the completion and filing of the Claim Form for Possession of Property. Full Particulars of the claim must be filed with the Claim Form along with the appropriate substantive evidence.

The court will effect service of the proceedings on the tenant and the tenant has the right to defend the proceedings. If the tenant has had the tenancy for six months and the landlord has served the appropriate notice in writing at least two months prior to the termination of the contract the landlord can apply for Accelerated Possession and does not need to appear in court.

When the court has reviewed the application it will take it’s decision as to the outcome. If the landlord is granted outright possession a Possession Order will be granted. The court will set a date on the order and the tenant must vacate by that date. If the tenant fails to vacate by the specified date the landlord can apply to the court for a Warrant appointing the court bailiffs and instructing them to evict the tenant.

The court will require the appropriate fees for their intervention and these are explained on our Fees & Costs page.

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