
A landlord seeking to recover possession of rented premises should follow the proper legal process.
Common mistakes include:
1. Changing the locks
A landlord should not simply change the locks or prevent the tenant from entering the property.
2. Removing the tenant’s belongings
The tenant’s furniture and personal belongings should not be removed or disposed of without lawful authority.
3. Shutting Off Essential Utilities (Water and Electricity)
Utilities should not be disconnected merely to force the tenant to leave.
4. Failing to serve proper notice
Verbal requests are often insufficient. A clear written notice should normally set out the breach, unpaid rent or reason for requesting possession.
5. Keeping poor records
Landlords should preserve the lease agreement, rent records, messages, notices and proof of any breach.
6. Assuming that notice alone amounts to eviction
A notice does not itself authorise physical eviction. Where the tenant refuses to leave, court proceedings may be required.
LEGAL DISCLAIMER
This article is provided for general informational purposes only and does not constitute legal advice. The application of the law depends on the facts and circumstances of each matter.
