Evictions

If the tenant/s receive proper notice to end an agreement but refuse to leave, the lessor can seek a court order to end the agreement and take possession of the premises. The order can be enforced with a warrant authorising a bailiff to evict them.

If the Magistrates Court makes an order that the tenant/s must leave, and they believe they are likely to suffer hardship as a result, they can ask the Magistrate for the order to be suspended for up to 30 days.

The tenant/s also have protection under the Residential Tenancies Act 1987 (the Act), if the tenant/s believe any action to evict them is due to complaints they have made to a public authority in the previous six months, or other steps they have taken to enforce their rights. In such cases, they can remain in the property until the matter goes to court where they can argue against the ending of the agreement.

Remember, the tenant/s can’t be forced out of a property without a court order. This applies to all tenants. Any other method of eviction is unlawful under the Act.

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