As has been reported in the national press (and in fact confirmed by the tenant) Prince Harry has been served with an Eviction Notice for his property at Frogmore Cottage.

We do not know the reason relied upon by the landlord.  However, like any case, where the landlord wants to evict a tenant, the reason (known as ground) must be a valid one – for example it cannot simply be because the Landlord wants to move his brother (who may be downsizing) into the property.

One reason that can be used is rent arrears, this is only speculation but there may have been a delay in the Netflix payments.

Dependent on the type of tenancy (again only speculation) but the notice may have been a so-called Section 21 Notice giving two months’ notice to leave the property.

If the tenant is not in fact in occupation of the premises, even then he or she must demonstrate an intention to vacate the premises-and perhaps hand in the keys (probably not usually by private jet)

If court proceedings are necessary, then different procedures are followed depending on the reason for eviction.

Concentrating for the purposes of this article on the s21 Notice procedure, certain steps must be taken to enable the judge to grant a possession order. For example, if a deposit has been taken (maybe to cover property damaged during a family dispute) it must have been secured in a recognised deposit scheme.

The property must also have an Energy Performance Certificate (may not be needed for Grade II listed buildings) and annual Gas Safety Certificates. These documents must have been provided to the tenant.

Assuming evidence is available that the correct procedures have been followed then the court should grant a possession order without a hearing.

Whether the landlord decides to claim legal costs from the tenant will depend on the party’s respective abilities to pay.

In any possession proceedings the landlord always has to prove service for relevant documents for example the Section 21 Notice on the tenants.  This may be an issue in the case loosely referred to within this article but that could be the (royal) subject of another article …

If you are a landlord who wants advice on whether you are able to evict a tenant and the procedures which must be followed, then contact our experienced dispute resolution solicitor David Wilson on our freephone 0800 8 60 62 65 or via our 24/7 live chat facility on our website.

David Wilson – Solicitor