Evictions
The Constitution provides that no eviction may take place without a court order and, in fact, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act makes it a criminal offence to evict any person without an eviction court order.
Spoliation
You should not remove the property of the unlawful occupier without a court order and without the sheriff being present.
If you do remove the property of the unlawful occupier without a court order, this may constitute an eviction and could constitute a criminal offence.
Additionally, this may constitute ‘spoliation’. The unlawful occupier would be able to approach the courts or the Rental Housing Tribunal to get an order against the landlord that the landlord must restore possession of the property to the unlawful occupier.
Unlawful Evictions
You should not remove the property of the unlawful occupier without a court order and without the sheriff being present.
If you do remove the property of the unlawful occupier without a court order, this may constitute an eviction and could constitute a criminal offence.
Additionally, this may constitute ‘spoliation’. The unlawful occupier would be able to approach the courts or the Rental Housing Tribunal to get an order against the landlord that the landlord must restore possession of the property to the unlawful occupier.
No, an unlawful occupier cannot be simply ‘kicked out’ of the property. It would be unlawful to simply ‘kick out’ the unlawful occupier and also it would be a criminal offence to unlawfully evict an unlawful occupier from any property without an eviction court order.
The Constitution provides that no eviction may take place without a court order and, in fact, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act makes it a criminal offence to evict any person without an eviction court order.