Following the previous article, Eviction Notice Requirements: Part 1, we move into the proceedings after all the documents are sent to the correct parties.
Now that the eviction process is set in motion, it is time for the Tribunal hearings to take place if the tenant had filed a Notice to Vacate. This is the tenants chance to dispute the landlord’s reasonings for wanting to evict them. This also provides the opportunity to explain certain circumstances and if the Tribunal is convinced the tenant should not be evicted, it can extend the time the tenant stays in the property. If the tenant does not appear before the Tribunal, the Possession Order will be granted to the landlord.
Warrants of Possession
If the Tribunal is not convinced that you should be allowed to stay in the current property, they will grant a Possession Order which allows the landlord to take out a Warrant of Possession. A Warrant of Possession gives the police, not the landlord, the power to evict the tenant. After the orders are granted, the tenant has the option of notifying the police with the day they are planning to remove themselves from the premises. If the tenant does not notify the police, they can exercise their power to evict the tenant within the 14 days. Notifying the police does not mean they will not evict you before the date given.
If the tenant failed to attend your original hearing and the Possession Order is granted, tenants can apply for a rehearing with the Tribunal. The tenant must file for the rehearing before the police evict them. Once evicted, the Tribunal will have no power to allow tenants back into the property. It is best to apply for the rehearing in person. After applying, the tenant should notify the landlord and the police so they are not removed from the premise in the meantime and make sure the Tribunal notifies all parties as well. During the rehearing, the tenant will have to give a reason for missing the initial trial and convince the Tribunal as to why they should be able to stay in their property.
For more information about the eviction process, contact a lawyer.
**This article is for informational purposes only and is not intended to be legal advice. In relation to your individual situation, always seek advice specific to your circumstances from a lawyer.