ABSTRACT

It is unlawful to obtain possession of residential premises without a court order for possession (Protection from Eviction Act 1977). A distinction is drawn between business tenancies and those in respect of dwelling houses.The grounds on which a person may be entitled to possession are set out in the Rent Act 1977, the Landlord and Tenant Act 1954 and the Housing Acts of 1985 and 1988.You must be familiar with these statutes and how they relate to each other. It is important to check carefully which statute applies to the tenancy in question. Reference should be made to specialist landlord and tenant texts for a detailed examination of these provisions. Most practitioners should carry a copy of The Civil Court Practice (Green Book), 1999,Butterworths or The Civil Procedure Rules (White Book), 1999, Sweet and Maxwell.