In most cases, in order to recover possession of a property, a landlord must first obtain a County Court Order. A landlord must serve a Notice on the tenant, giving ususally a minimum of two months notice. However, the amount of notice required will depend on the type of tenancy and the grounds for wanting posession. Even after service of the notice, a tenant is not required to leave the property until after the notice expires, and , even then, may not be evicted without an order of the Court. Eviction without proper Notice and a Court Order is illegal.
Cases where a Court Order is not required include:
- Trespassers;
- Licences granted to people living in certain publicly funded hostels;
- Licences granted to people occupying property for a holiday or occupying it rent free;
- Licences granted by resident landlords to people, with whom they, or a member of the landlord's family, share accommodation, provided it is their only, or principal home.
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