Can a Landlord take the law into his own hands evicting his tenant who has been arrears in payment of rentals?
We all understand that it is very cumbersome to see a lawyer to apply for a Court order to remove the tenant from our property.
Here is a case where A rent a factory from B.A is in arrears of rental payment for two months.B locks up the factory and forces A to leave the factory.
A ,not happy with what B does makes an application to the Court to restrain B from doing so.
The Court holds that B as a Landlord has no right to force A out of the rented premises in this way.A has the right to take back and move in again until B applies proper procedure to evivt him,that is to go to Court applies for a Court order under s.7(2) of the Specific Relief Act 1950.
I have seen tenancy agreement where it is stated that the landlord has the right to break in in the event of non payment of rental. These clauses are not valid in the eyes of the law.
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