In the event that a tenant has breached the rental
agreement, the landlord’s are required to serve written notice demanding a
remedy; otherwise, the tenant must vacate the home.
The notice should detail the breach, the suggested
remedy and the notice period.
The landlord should be careful to specify "all other
occupants” aside from the tenant, and there should be two copies of this
document – one to be kept for the landlord’s records.
The tenant then has seven days to comply with the
request; eight days if the offense in question involves rent arrears.
If this is disregarded, then the landlord may
proceed to fill in an application form for eviction, which also covers a
request for vacant possession.
It must be accompanied by supporting documents, such
as a copy of the lease agreement, rent records, and written notices if any.
These requirements must then be submitted to the
tribunal, the only part that can affect eviction via a tribunal order.
On the Apple Isle,
landlords must provide a notice to vacate either 14 or 28 days prior to the
stated eviction date.
This notice indicates the date on which the document
was issued to the tenant, the names of both parties, the address, the reasons
for the evacuation notice, and the effective date of the notice period.
If the tenant fails to vacate the property, the
landlord can apply for an order of possession from the Magistrates’ Court.
A copy of the application must be presented to the
tenant on the same day.
The court will then send a representative to enforce vacant possession of the property on the set date.
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Friday, 26 February 2021