Property & occupation

Eviction Law

Recovering possession
through the proper process.

You may have asked an occupier to leave without success. Rent may be outstanding, or there may be disagreement about whether a lease has ended. Before an eviction application is brought, those issues need careful consideration.

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Find the help you need

01 / Eviction

Recovering possession

Understand the legal basis and the steps an application may require.

02 / Tenancy

Landlord & tenant disputes

Advice on unpaid rent, lease breaches and cancellation disputes.

03 / The home

Primary residence & contracts

Occupation, access and related agreements concerning your home.

How Etienne assists

Establishing the basis for eviction

Etienne reviews the lease, the basis of occupation, notices and correspondence. He advises on whether occupation has become unlawful and which procedure applies. The PIE Act is relevant to many residential evictions, but it is not the only law that may require consideration.

Managing the application

Where an application is appropriate, the work includes preparing the papers, obtaining necessary directions and arranging service of the required notices. In a PIE application, the court must consider whether eviction is just and equitable in the circumstances.

An order and what follows

If an order is granted, its terms govern the next steps. Etienne assists with arrangements for enforcement through the sheriff. Claims for unpaid rent or damages are considered on their own legal basis, alongside the practical costs of recovery.

Before you take action

A lawful process
protects your position.

Changing locks, disconnecting services or removing possessions to force someone out can create further proceedings and costs. Obtain advice before taking steps yourself.

Useful questions

A little more clarity.

Does a notice to leave amount to an eviction order?

No. A notice and an eviction order serve different purposes. Etienne will assess the notices already given and the court process required for your circumstances.

Can unpaid rent be addressed as well?

Yes. A claim for rent or damages is considered on its own legal basis. It does not replace the process required to recover possession.

Make a confidential enquiry

Let’s discuss your matter.

Tell Etienne briefly what has happened and what you need help with. Mention any court date, notice or deadline.