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For every landlord, whether private or public, residential or commercial the proper management of their rental property is vital. Sadly this will sometimes mean that a landlord seeks to recover possession of a property in circumstances in which the tenant(s) do not want to leave (or are unable to do so).

Whatever contractual agreement they have with their landlord, most residential occupiers in the UK cannot lawfully be evicted without a court order. Indeed to even attempt to evict a residential occupier (even a trespasser) without a court order is a criminal offence. There are some exceptions – for example those living with their landlord as a lodger, but legal advice should be taken in every case to avoid the possibility of unlawful eviction.

The rules are different for commercial properties but we still recommend that legal advice is taken before attempting to recover possession of any property to ensure that the correct procedures are followed (and expensive litigation avoided where possible).

At Perrin Myddelton, we are experts in ensuring that correct notice is given to terminate any form of tenancy or licence. Thereafter we carefully guide clients through the relevant possession procedures (whether through the courts or otherwise) ensuring that their specific commercial requirements are taken into account.