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Possession order (eviction)
A possession order becomes known as a warrant for recovery of land once it is fi led in the District Court for enforcement. This warrant enables a court bailiff to return possession of the property to the person named in the possession order.
If you have a termination or possession order and the tenant has not vacated the property you must use this process. Even if you are unsure whether the tenant has left or not you should enforce your possession order through the Collections Unit.
To get a warrant for recovery of land, file your termination and possession order at the Collections Unit or District Court. No further forms or filing fee are required unless you want to enforce a conditional termination and possession order. If the possession order is conditional file your possession order at a Collections Unit along with an affidavit swearing that the conditions that terminate the tenancy have been met.
A possession order must be filed within 3 months of the termination order.
The landlord must provide details of the number of:
tenants residing in the property in question
pets residing in the property in question
entry doors (for eviction notices to be posted on).
A collections officer will contact the landlord to arrange a time for enforcing the warrant for the recovery of land. The landlord must be at the premises at this agreed time. Tenants are usually given 24 hours to remove themselves and their belongings.
It is a good idea for the landlord to arrange for a locksmith to be present at the same time to change the locks so that the premises are secure.
If the tenant’s possessions remain on the property after the date of eviction, the landlord should arrange for them to be uplifted by the tenant or apply for a disposal order.
It usually takes between 3 and 5 days to complete the eviction from the time of filing the possession order |
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