Unformatted text preview: is advisable that such notice be sealed by the company in
accordance with its articles of association. A notice to quit, at common law, may be given by an agent
provided the agent has the authority to serve such notices. Can the landlord recover possession of the premises?
It has been held that where a tenancy has been ended, the landlord is entitled to take physical possession
of the premises and to evict the tenant and their goods. If the tenant refuses to depart, the landlord may
use such force as is necessary to expel the tenant without becoming liable to an action for damages for
trespass or assault. However, there are obvious dangers in a landlord seeking to exercise such rights. In
most cases where there is even the slightest possibility of any kind of resistance on the part of the tenant,
the landlord should:
• make application to a Magistrate’s Court for an order of possession;
• bring an action in the County or District Court where the case falls within that jurisdiction; or
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This document was uploaded on 04/23/2012.
- Three '12