Residential property possession

 There are many reasons why Landlords would want to take possession of a residential property from their tenant.

Common reasons to want to take possession include wanting to:

• rent the property to someone else
• use the property personally
• sell the property
• remove the tenant for failing to pay rent
• remove the tenant after damage to the property
• remove the tenant for being a nuisance to neighbours

A Notice Requiring Possession is the first step. If the tenant does not vacate when the notice expires, then possession proceedings must be issued at Court.

The Court will decide how long the tenant has to vacate. If the tenant fails to leave by the date ordered by the Court, a Warrant of Possession may be ordered.

Renting residential property is a heavily regulated activity. It is possible for a landlord to commit a criminal offence if the regulations on seeking residential property possession are not followed. The statutory rules on possession are detailed and complicated. It is very easy for a landlord acting without legal advice to make a mistake.