Naomi Mehmet & Partners Advocates and Legal Advisers

GUIDE TO LANDLORD AND TENANCY LAW IN THE TRNC

The Law governing landlord and tenancy in the TRNC is the Rent (Control Act) 17/1981 and sets out

thirteen grounds on which the landlord can recover possession of the property. These are set out

below. In order for a landlord to be able to recover possession of the property, one of these grounds

must exist. Even where one or more of these grounds exists, an application for an eviction order must

be obtained by the landlord from the court unless the tenant vacates the property of his own free will

and returns possession to the landlord. It is not lawful for a landlord to re-take possession simply by

entering the property and changing the locks or by force and to do so constitutes a criminal offence.

Ground (1) Delay in paying rent

If the tenant fails to make payment of rent when it falls due. Rent sent by registered post is considered

as a offer to pay.

Ground (2) Substantial breaches of other obligations

If the tenant has breached a condition set out in the tenancy agreement or failed to perform his

obligations under the tenancy agreement.

Ground (3) Tenant is causing nuisance to neighbouring properties

If the tenant or anyone living with the tenant is causing nuisance to the neighbouring properties or is

using the property for illegal and/or immoral purposes, the landlord can acquire vacant possession

using this ground.

Ground (4) Tenant’s failure to repair

If the tenant or someone living with the tenant, has damaged the property wilfully or through neglect.

Ground (5) Tenant wishes to vacate the property

If the tenant has sent a notice terminating the tenancy.

Ground (6) Sub-letting without the permission of the landlord

If the tenant is sub-letting the whole or part of the property and profiting from this without the

permission of the landlord then the landlord can acquire vacant possession using this ground.

Ground (7) Landlord’s intention to occupy the holding for his own business or a residence

The landlord must show that he has a reasonable need to acquire vacant possession of the property

for use by himself, his spouse or any children above the age of 18 within reasonable explanation. The

court will take into consideration whether or not the landlord or the tenant has other property available

to use.

Ground (8) Tenant is an employee of the landlord and the employment has ended

If the tenant is an employee of the landlord and the employment has ended the landlord can use this

ground to acquire vacant possession of the property in order move a new employee in.

Ground (9) The landlord intends to demolish the property or carry out significant

renovation work and could not reasonably do so without obtaining possession

Naomi Mehmet & Partners

Advocates and Legal Advisers

If the landlord intends to demolish or the property or carry out significant renovation work to the

property which would require the tenant to vacate the property, the landlord can claim vacant

possession using this ground on the condition that he gives at least three months’ notice to the tenant

and can provide to the court the document showing building permission has been acquired.

Ground (10) Vacant possession is required for a development project in accordance with the

law

Ground (11) The property is subject to a compulsory acquisition or nationalisation order

Ground (12) The property is needed by a local authority for a reasonable amount of time

If a local authority needs to use the property for a reasonable amount of time in order to fulfil their legal

duty and the court is of the opinion that this is for public benefit the court can order that this is a

ground to obtain an eviction order.

Ground (13) Reasonability and availability of Alternative accommodation

If the court believes that it is reasonable to grant the eviction order and that that the tenant has

alternative accommodation available, the court can make an order on this basis.

PROCEDURE FOR EVICTING A TENANT

STAGE 1

Pre-commencement

Sending a legal notice to the opposite party

Collecting relevant documents and/or information

[For details please see Box 1. ‘STAGE 1 Pre-commencement’

If the tenant fails to vacate, then see ‘STAGE 2’ below.

STAGE 2

Commencement of the action

Payment of initial retainer towards legal costs

Drafting of a simple statement of claim and filing it at the district court and serving this on the

Defendant

Issuing and serving detailed particulars of claim

Defendant files defence

Filing a reply to the defence

[For details please see Box 2. ‘STAGE 2 Commencement of the action’

Can you rely on one or more of the grounds for eviction set out in

the Rent (Control Act)

17/1981?

If so, please see ‘STAGE 1’ below

STAGE 3

Interim matters

Directions or case management conference where directions are given by the judge

[For details please see Box 3 ‘STAGE 3 Interim matters’]

STAGE

Trial

The trial takes place when the judge provides a date

[For details please see Box 4 ‘STAGE 4 Trial’]

STAGE

Post-trial

Appeal, if applicable

Enforcement proceedings, if required

[For details please see Box 5 ‘STAGE Post-trial’]

BOX 1

STAGE 1

Pre-commencement

In most cases, the first step is to draft and serve a legal notice on your behalf to the tenant at the

property address provided by you to formally terminate the Tenancy Agreement and to request

vacant possession and any outstanding rent arrears (if applicable). After the service is effected the

tenant will then have a set number of days to respond starting from the date of service (depending

on the terms of the tenancy agreement, if applicable). The tenant is under no obligation to respond

to our legal notice. If the tenant does not respond and the period for response has expired the only

option will be to commence legal action against the tenant for the relevant cause of action

depending on the facts of your case to try and obtain an eviction order plus rent

arrears/compensation for your losses (as applicable)

If you decide to commence legal action against the tenant we will require the following documents

and/or information from you:-

 Original tenancy agreement with the Stamp Duty paid (if applicable);

 Full postal address for the property at which the tenant is residing;

 Copy of title deeds, or Contract of Sale, in the name of the landlord (as applicable);

 Details and copies of any unpaid utility bills;

 Where applicable, confirmation of the months for which rent has not been paid and the total

amount outstanding;

 Copy of landlord’s passport or identity card; and

 Completed Power of Attorney so that we can represent you in the litigation (upon receipt of

the landlord’s passport or identity card copy, we will prepare this on your behalf and provide

you with instructions as to how to certify this and return it to us).

BOX

STAGE

Commencement of the action

If we do not receive any further contact from tenant and the time period given in the legal notice for

him/her to comply and/or reply to us has expired, we will have no option but to proceed with making

an application for obtaining an eviction order.

The next stage is for us to issue and serve a simple statement of claim and detailed particulars of

claim which is to be served on the tenant by the court bailiffs. This can take between 10-20 days to

be served. Although we would be following up with the court bailiffs, this process is outside of our

control. Once service has been effected, the tenant has 10 days to acknowledge service. If the

Defendant fails to acknowledge service within this time, then we will then file an ex-parte application

to prove the case in default and obtain judgment in the absence of the tenant. In the event that the

Defendant does acknowledge service and obtains his own legal representation then he/she will

have a further 14 days (maximum total 24 days from the date of service) to file a defence – although

it is possible for the judge to grant the Defendant further adjournments in the event that more time is

required for the Defendant to file the defence. Once the defence has been filed, we would review

this on your behalf and file a reply to the defence, if required.

In terms of legal costs, in order to commence eviction proceedings we will need an initial retainer of

£1000-£1500 The total costs may be in the region of £2000-£2500 or more, plus disbursements,

depending on the time spent on your case.

BOX

STAGE

Interim matters

There will then be various directions hearings for the judge to explore the possibility of the parties

reaching an out of court settlement or to review the facts and evidence and to give directions for

trial.

This guide has been prepared by Advocate Naomi Mehmet of Naomi Mehmet & Partners

For more information, please contact Naomi on the details below

Email: [email protected]

Tel: 0090 392 816 0440

Fax: 0090 392 815 0702

Web: www.nmplegal.com

This guide is intended for general information purposes only and does not constitute legal or professional advice.

Naomi Mehmet & Partners does not accept and specifically excludes liability for any loss or harm which may

occur to any person as a result of relying on or otherwise using this information.

BOX

STAGE

Trial

At the trial, both sides will call witnesses to give evidence and the opposite party will have the

opportunity to cross-examine the witnesses. Judgment may be given immediately or at a future

date. As well as a decision whether or not to grant the eviction order, the judge will also decide the

amount of compensation to be awarded (i.e. for rent arrears and unpaid utility bills etc).

In the event that your case is successful, the tenant may be ordered to pay your costs, but the

amount awarded is at the discretion of the judge and may not cover the total amount which you

have paid in costs. Further, if a costs order is made against the tenant and the tenant fails to comply

and make payment, this will also be subject to enforcement proceedings as outlined in Box 5 below.

Please note that eviction proceedings can be lengthy unless the tenant leaves on their own accord

once proceedings are commenced – if the tenant appoints a lawyer and defends the proceedings,

the proceedings could take around a year, or possibly longer, to conclude.

BOX

STAGE

Post- trial

If you are granted an eviction order and/or a judgment for loss of rental income and the tenant fails

to comply with order and the judgment and make payment, you would have to commence

enforcement proceedings. If the tenant fails to vacate after the eviction order is made, an application

is submitted for the tenant to be forcibly removed by the court bailiffs. If the tenant fails to comply

with the monetary part of the judgment (i.e. any order for the payment of rent

arrears/compensation/legal fees), an application for enforcement against the tenant’s assets can be

commenced. Initially, an application for enforcement against movable assets is filed. If the tenant

has, for example, any personal effects or a car which can be seized and sold an application for this

to take place can be submitted. If no movables are found, an application for enforcement against

immovable property in the name of the tenant (if any) can be filed. An application for payment by

instalments can be filed if it can be shown that the tenant has an income and can afford to make

payment by instalments. It may not be possible to actually recover the monetary part of the

judgment if the bailiffs are not able to locate the tenant or find any property in tenant’s name which

can be seized or if the tenant does not have sufficient income to make payment by instalments.

Enforcement proceedings can also be lengthy and additional legal fees would be incurred.