Your eviction notice period has ended, but the tenant remains in the property. This is a common scenario, but do not change the locks or try to remove them yourself – this is illegal. Your next step is formal legal action.
England & Wales:
- Apply to Court: You need a Possession Order.
- After Section 21: If straightforward, use Form N5B for the 'Accelerated Procedure' (usually no hearing). If issues arise, use Form N5.
- After Section 8: Use Form N5 (Claim for Possession) and N119 (Particulars of Claim), detailing the grounds. This usually leads to a court hearing.
- Court Fees: Expect fees around £355 (check current rates on GOV.UK) for the application.
Scotland (Private Residential Tenancies):
- Apply to Tribunal: You need an Eviction Order from the First-tier Tribunal (Housing and Property Chamber).
- Application Form: Use the specific Tribunal application form, detailing the ground(s) from your Notice to Leave.
- Tribunal Fees: Check the latest fee structure on the Tribunal's website; fees may be lower than court fees or waived in some cases.
Process: File application -> Court/Tribunal processes it -> Potential hearing -> Order granted -> If tenant still doesn't leave, apply for enforcement (Bailiffs/Sheriff Officers).Your eviction notice period has ended, but the tenant remains in the property. This is a common scenario, but do not change the locks or try to remove them yourself – this is illegal. Your next step is formal legal action.
England & Wales:
- Apply to Court: You need a Possession Order.
- After Section 21: If straightforward, use Form N5B for the 'Accelerated Procedure' (usually no hearing). If issues arise, use Form N5.
- After Section 8: Use Form N5 (Claim for Possession) and N119 (Particulars of Claim), detailing the grounds. This usually leads to a court hearing.
- Court Fees: Expect fees around £355 (check current rates on GOV.UK) for the application.
Scotland (Private Residential Tenancies):
- Apply to Tribunal: You need an Eviction Order from the First-tier Tribunal (Housing and Property Chamber).
- Application Form: Use the specific Tribunal application form, detailing the ground(s) from your Notice to Leave.
- Tribunal Fees: Check the latest fee structure on the Tribunal's website; fees may be lower than court fees or waived in some cases.
Process: File application -> Court/Tribunal processes it -> Potential hearing -> Order granted -> If tenant still doesn't leave, apply for enforcement (Bailiffs/Sheriff Officers). Starting with a correct notice from Legalmaster™ is crucial for this stage.
