Tenant gone AWOL, evicted, threatened to sue, solicitor, legal, ARRGGHH!!!!!

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    #16
    Originally posted by westminster View Post
    What is relevant is whether the Protection from Eviction Act 1977 applies. And it applies to common law tenancies as well as ASTs, so regardless of a proviso for re-entry, it's highly likely you'll still need a court order to legally evict the occupier.
    But my question was if (1) there's no occupier/resident and (2) there's a proviso for re-entry/forfeiture to take back possession (PFEA 1977 states that such proviso is enforceable without court proceedings if there's no longer residents at the property).

    Again, even if indeed possible I'm not suggesting that OPshould go down that route (and certainly not before expert legal advice).

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