Tips & Information
Renting - Ending a Tenancy
If a tenant receives proper notice to end an agreement but refuses to leave, the owner can seek an order from a magistrate in the Small Disputes Division to end the agreement and take possession of the premises. The owner must apply for the order within 30 days of the moving out date shown on the notice. The order can be enforced with a warrant authorising a Bailiff to evict the tenant.
The tenant can ask for an order to be suspended for up to 30 days if hardship is likely to be caused to them.
Tenants have some protection under the Act if they believe that action to evict them was due to complaints they made in the previous six months to a public authority, or other steps they took to enforce their rights. They can remain in the rental property until the matter goes to court and can argue against the ending of the agreement.
A tenant cannot 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.
Click here to return to the previous page.