Once the Notice served has expired, and if the Contract Holder has not vacated the property in accordance with the Notice then the next stage will be to apply to the Court for an Order for Possession.
The different Court proceedings which will apply will depend upon the type of Notice that has been served.
ACCELERATED PROCEDURE
Under this process, a Landlord can apply to the Court for an Order for Possession which will not necessarily require a Court Hearing. Provided the Landlord has in place all of the documentation and evidence that they have complied with all aspects of the Renting Homes (Wales) Act, this procedure can be much quicker and less stressful for both Landlord and Contract Holder.
POSSESSION HEARING
In other cases, the Landlord will need to apply to the Court for a Hearing and, once proceedings have been issued, the Court will serve the same upon the Contract Holder who will then have an opportunity to defend those Court proceedings.
Whichever method is used for seeking the Order for Possession, it is vital that all of the legislation and regulations in respect of the Landlord’s duties with regard to the property have been complied with and the Court will want to see copies of evidence in relation to compliance with those regulations.
EVICTION
Should you obtain an Order for Possession from the Court with which, again, the Contract Holder does not comply, then it will be necessary to apply to the Court for a Bailiff to attend the property and carry out a physical eviction. We can deal with all aspects of this attendance, from applying to the Court for a Warrant for Possession, to instruction of locksmiths and attending the eviction upon your behalf.
If you would like to arrange an appointment to discuss your potential needs, please telephone our offices on 02920 470909 and ask for Janine Griffiths. Alternatively, please complete the enquiry form below and one of our team will contact you.