Under the Housing Act 1988, you are required to serve a Section 8 or Section 21 notice if you want your tenant in Bath to move out of your rental property in Bath, Abbas Combe, or Burton.
A Section 21 notice of possession is handed by Denbigh Franks to provide the tenant in Bath with a 'notice of possession'.
When the fixed term tenancy agreement expires, you can also initiate a break clause if mentioned on the agreement or taken possession of the Bath property in Somerset.
If a legal notice of Section 21 is served in Somerset, you are not liable to provide a reason when claiming possession.
A Section 8 notice supplied if a landlord has grounds for eviction in Somerset's Bath.
Examples include unpaid rent in Bath by tenant or damage done to your property in Burton, or making disturbances in Abbas Combe.
In such cases, the Bath landlord doesn't need to wait for the fixed term period to come to an end.
However, the tenant might dispute it and you will have to go to the courts in Somerset and provide enough evidence for eviction.
The purpose of both the notices may differ, but you get the one outcome - you get the property in Bath back.
Although a Section 21 notice is not necessarily an eviction notice, it notifies the tenant in Bath that you want to have your residence in Burton, Bath, or Abbas Combe back once they have left.
Firstly, in the capacity of a landlord, you issue a notice to leave your Somerset premises to your Bath tenant two months in advance of their tenancy agreement coming to an end.
Whether the fixed term of the lease has come to an end or if there is a break clause that can be activated, in Bath you may give a notice of possession to Section 21.
You can choose to issue this notice even when the tenant in Bath did not do anything wrong, and you do not have to give the tenant any reason for wanting to get possession of your property in Somerset.
But, you will need to serve the notice properly in case you want to prove it in Somerset court.
You can go through the Deregulation Act 2015 and see the changes introduced into how you can use Section 21 to terminate the tenancy.
Initially, these modifications applied to the Bath agreements ending on or post 1st October, 2015.
But now apply to all leases in Somerset from 1 October 2018 regardless of when it was agreed.
The most significant and valid rules are:
The Section 21 Notice can't be issued by Denbigh Franks in the first 4 months of tenancy, but the landlord reserves the exclusive rights to issue the Section 21 Notice anytime during the renewed tenancy in Bath, particularly when the tenancy was renewed after the termination of the fixed term.
The Notice of Section 21 shall only be valid for six months from the date on which it was issued, unless possession proceedings in Bath, Somerset have been issued for a period of six months, another Notice shall be notified.
If an authentic complaint is made by your tenant in Bath concerning the condition of the rental property in Somerset and you do not handle it, the problem may have to be referred to the local housing authority by the tenant; The validity of a Section 21 notice is lost if it is issued after a notice has been served by the local housing authority.
In order to make a Section 21 notice, use 6a form.
The tenant in Bath must also be provided with the following information once they start renting for a Section 21 to be considered as valid:
A Gas Safety Certificate
Energy Performance Certificate (EPC)
The guide "How to Rent" that the landlord provides at the beginning of the tenancy
You may begin with the eviction procedure in Burton, Bath, or Abbas Combe by handing a Section 8 notice looking for possession in case you have grounds to evict a Bath tenant.
Schedule 2 of the Housing Act 1988 provides grounds applicable for issuing a Section 8 Eviction order in Somerset.
Likely reasons for the eviction of the tenant in Bath, Somerset are:
Rent arrears
Damage of property
Nuisance
The landlord in Abbas Combe, Burton, or Bath needs to fill in a 'Notice seeking possession of the property' if you want to give your tenants a notice using a Section 8.
You also need to be specific about mentioning the terms that have been breached in Bath and you will have to give between 'two weeks and two months' notice according to the terms you are depending on.
In case your tenants in Bath don't leave by the stated date, then you will be able to apply to the Somerset court for a possession order.
There are chances that your Bath tenant may refuse to vacate your property even after getting the notice from Denbigh Franks, so be prepared to act.
You can use an extended order of occupancy in Bath if you have told Section 21, there is a written agreement of lease and you do not dispute any unpaid rent.
If you had issued a section 8 or 21 notice and want to recover your property in Abbas Combe, Bath, or Burton and ask for unpaid rents from the tenant, you can make use of the standard claim for repossession in Bath of your property.
If your tenant in Bath does not leave within the stipulated time, you have the right to instruct the Somerset court bailiff to escort the tenant out of the property and can take four or more weeks depending on the court.
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