Evicting someone from their home is a very serious matter.  We need to collect enough evidence to satisfy a judge that the tenant has breached their tenancy conditions and that it is reasonable to take their home away from them.  Collecting the appropriate amount and quality of evidence can take months. During this time, we will work with the tenant and other agencies to try and resolve the behaviour without resorting to legal action.

Once we have collected enough evidence of tenancy breaches, we need to serve a Notice on the tenant giving them 28 days notice that we intend to take them to Court to ask for permission to evict them. During this time the tenant is expected to take steps to improve the situation.

After the 28 days have passed if matters have not improved, we can apply to the relevant County Court for a possession hearing.  The Court may give us a hearing date in 4-6 weeks time.  At the hearing, the Judge will listen to the evidence from all sides and make a decision.  Unless the tenant holds an Introductory or Demoted Tenancy (in which case the Judge must allow us to take back possession of the person’s home if the breach of tenancy is proven), it is up to the Judge whether or not to make an outright Possession Order, a postponed Possession Order, or refuse to grant a Possession Order.  

If the Judge grants an outright Possession Order, the tenant can still be given up to 28 days from the date of the Court hearing to remove their belongings from the property and find somewhere else to live.  The whole process can therefore take months.   

Injunctions preventing people from engaging in nuisance behaviour are much quicker to implement, and can be in place in a matter of hours if the behaviour involves violence or threats of violence, and we seek a Without Notice Injunction.  If violence is not involved, and we seek an Injunction on Notice, the process can take slightly longer. However, it can still be in place within weeks.