In order to lawfully evict a tenant, a landlord has to take certain steps.
Firstly, they must issue a notice to the tenant seeking possession. This can be done through serving a Section 21 Notice or a Section 8 Notice. However, it is important to note that whichever option is used, there are strict legal steps that must have been complied with prior to seeking a Notice.
Secondly, they must issue court proceedings to obtain a possession order. One instance is issuing an accelerated Section 21 procedure. Or they may issue a claim from for possession under the standard Section 8 procedure.
Finally, they can enforce the court order with bailiff action. This will require seeking a warrant for eviction.
If a landlord attempts to evict a tenant without a court order, this will amount to unlawful eviction. Monarch Solicitors can help if there are concerns about an unlawful eviction.
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Surrender occurs when both parties to a tenancy, the landlord and tenant, voluntarily agree to bring the tenancy to an end. Once surrender has taken place, all obligations and rights under a tenancy also come to an end. A tenant can move out during a fixed term tenancy if the tenancy agreement contains a break clause, stating that either party can end the tenancy early (i.e. before the term has expired). If there is no break clause in the agreement, then you can only end the tenancy if both parties agree to it. This is called surrendering the tenancy.
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