When an occupation contract ends, most contract-holders leave the property without issue. However, situations can arise where a contract-holder refuses to move out after being asked to leave or after notice has been served. This can be a stressful and frustrating situation for landlords, particularly where rent is not being paid or the property is urgently required back.
Where a contract-holder remains in the property after the occupation contract has ended, the landlord cannot simply remove them themselves. The law requires landlords to follow a formal legal process to regain possession of the property.
This guide explains what happens if a contract-holder refuses to leave, the legal process landlords must follow, and the steps that can be taken to regain possession of a property lawfully.
Initial Telephone Discussion
For an initial telephone discussion, please call us on 01286 872779 or email admin@winrowsolicitors.co.uk and we will be in touch shortly. We advise clients across England and Wales.
Can a Contract-Holder Stay After Receiving Notice
Serving a notice to end an occupation contract in Wales, such as a Section 173 notice (no-fault) or a Section 182 notice (for breach of contract) under the Renting Homes (Wales) Act 2016, does not automatically mean the contract-holder must leave by the date stated.
A notice simply begins the legal process of seeking possession of the property.
If the contract-holder does not move out after the notice period has expired, they are not committing a criminal offence. However, they are remaining in the property without the landlord’s consent.
In these circumstances, the landlord may apply to the court for a possession order. Only once the court has granted possession and, if necessary, enforcement action (such as bailiffs) has taken place can the contract-holder be lawfully required to leave the property.
The Next Step If a Contract-Holder Refuses to Leave
If a contract-holder remains in the property after the notice period has expired, the next step is to apply to the court for a possession order. A possession order is a legal decision confirming that the landlord is entitled to take back possession of the property.
The court will review whether a valid notice was served and consider the circumstances of the case before deciding whether possession should be granted. In some cases, the contract-holder may challenge the application or raise a defence, which may require the court to hold a hearing.
If the court is satisfied that the correct procedure has been followed, it will usually grant a possession order in favour of the landlord, although this is not automatic in every case.
What is a Possession Order
A possession order is issued by the court and sets out when the contract-holder must leave the property. In many cases the court will order the contract-holder to leave within a specified period of time, often around 14 days.
However, the court can allow additional time in certain circumstances, particularly if the contract-holder can show that leaving immediately would cause exceptional hardship. This can be extended to a maximum of six weeks.
Once a possession order has been made, the contract-holder is legally required to leave the property by the date stated in the order.
What Happens if the Contract-Holder Still Refuses to Leave
If a contract-holder does not leave after a possession order has been granted, the landlord must apply for a warrant of possession. This allows court appointed bailiffs to attend the property and remove the contract-holder if necessary.
Bailiffs will provide notice of the eviction date and attend the property to ensure that the landlord can regain possession lawfully. On the eviction date, the bailiff will attend the property and require the contract-holder to leave so that possession can be returned to the landlord.
Why Landlords Must Follow the Legal Process
Even when a contract-holder refuses to leave, landlords must follow the correct legal process. Changing the locks, removing a contract-holder’s belongings, cutting off utilities, or attempting to force entry without a court order can be considered unlawful eviction.
Unlawful eviction can lead to serious legal consequences, including compensation claims and potential criminal penalties. Following the correct procedure ensures that the landlord regains possession of the property lawfully and avoids further disputes.
The Importance of Legal Advice
The eviction process can involve several stages, including serving the correct notice, applying for possession, and enforcing a court order if required. Errors in the process can lead to delays, additional costs, or the court refusing the application.
Obtaining legal advice can help ensure that the correct steps are taken from the beginning, helping landlords regain possession of their property as efficiently as possible.
How We Can Help
We regularly advise landlords on the legal steps required to regain possession of their property when a contract-holder refuses to leave. Our team provides clear guidance throughout the eviction process and can assist at every stage.
We offer:
- Advice on the correct notice to serve
- Assistance with possession order applications
- Guidance on court procedures and enforcement
- Practical support throughout the eviction process
How to Get in Contact
If you need assistance and advice about a contract-holder who refuses to leave, please contact our specialist team.
For an initial telephone discussion, call us on 01286 872779 or email admin@winrowsolicitors.co.uk
