If a landlord wishes to evict a tenant from their property they must first give the tenant a Notice to Quit. An immediate Notice to Quit may be given if a tenant is in arrears of rent, otherwise a period of notice to leave premises must equate to the period that rent is paid to the Landlord. HM Sheriff staff will arrange for the Notice to Quit to be produced and delivered to the Tenant. A fee is charged for this service.
If a tenant does not quit the property, in compliance with the notice, the landlord must apply to the Royal Court to have the tenant evicted. The tenant will be summonsed to the Royal Court to have the request for an eviction order heard.
It is advisable to obtain the services of an advocate to commence and conduct eviction proceedings in Court as the Royal Court has to be satisfied that there is a legal reason for eviction of a tenant. However if a landlord does not wish to use an advocate then advice from the Greffe should be obtained on how to conduct proceedings on their own behalf.
The basic procedure is as follows. The tenant should be issued a Summons to attend an eviction hearing in the Royal Court. The judge will consider whether an eviction order can be granted as a rule of law and if the tenant wishes to request a stay of eviction, any such request will be considered at a later court sitting before jurats who will decide whether a stay of eviction can be given and the length of the stay.
Once an eviction Order has been made the services of the Sheriff may be used to effect the eviction of tenants and occupiers from the premises.
Where personalty is removed from the premises on execution of an eviction order and the Sheriff is unable to deliver the personalty to the tenant, occupier or other person claiming to be the owner, the items are placed into storage for safekeeping. If after 14 days the items or any part of the items remain unclaimed the Sheriff will place a notice in La Gazette Officielle inviting persons interested in the property to notify their claim to HM Sheriff. A claim must be notified within 21 days of the publication of the notice. If no notification is made, the Sheriff can dispose of the items in such manner as he thinks fit.
If a landlord claims for items to be removed into storage, the landlord will be liable for the reasonable charges and expenses of storage.