A discussion of the eviction procedures in force in England as applied to tenancies of immovable property where there is an insolvent tenant is of paramount importance for investment appraisal.

Eviction is defined in law as the action by which a person, by virtue of a pre-existing right, legally dispossessed the person to whom a right in rem, in this case the right of abode, has been transferred.

An important aspect is that such procedures have a variable duration, ranging from two months to four months.

-Procedures:

There are two types of procedures which can be distinguished into:

(a) SECTION 21 and

 b) SECTION 8.

The choice of procedure depended on certain conditions, such as contractual clauses or missed deadlines.

However short the procedures may seem, it is very important to choose the right section of applicability, as it could be challenged and cause the whole procedure to be cancelled.

If the tenant is insolvent, i.e. for three weeks of tenancy, the eviction and possession procedure is started. This procedure can be started online by providing the required documentation and paying the sum of £325.00 for the fees.

Once a hearing has been set, within thirty days, the judge will decide the date for the release of the property, which can be within 14 or 28 days . At the same hearing, the judge will decide on all actions to protect the landlord’s claim.

In the event that the tenant does not respect the date specified by the judge for the release of the property, the landlord has two courses of action to obtain possession of the property . The actions are as follows:

Warrant of Possession through a bailiff at the ordinary court;

Writ of Possession to the Supreme Court with the intervention of police personnel to evict the property.

It should be emphasised that there is no legislation preventing actions for eviction and eviction of the property, due to social or personal conditions of the tenant.

-Conclusions :

In other words, there is legal certainty and, above all, certainty of justice. This legislation is of paramount importance for the overall assessment of property investment in London or England.

The entire legislation and its procedures can be found at : http://www.gov.uk/evicting-tenants