If you want your shorthold tenancy tenants in Cardiff to vacate your property in Merthyr Tydfil, Cardiff/Caerdydd, or Chatham, serve them either the Section 8 or Section 21 notice, which are supported by the Housing Act, 1988.
A Section 21 notice of possession is served by Denbigh Franks to give 'notice of possession' to the tenant in Cardiff.
The section allows you to take over your property in Cardiff, South Glamorgan, once a fixed-term tenancy agreement ends.
If you serve a valid Section 21 notice in South Glamorgan, you don't need to provide any reason for your claim.
Section 8 is an eviction notice which in Cardiff, South Glamorgan, is only served when you have valid reasons for eviction.
For example, a tenant causes nuisance in Chatham, not paying rent in Cardiff/Caerdydd or destroys property in Merthyr Tydfil.
So, Section 8 notice is served when the tenant in Cardiff has breached the agreement of tenancy.
If your tenant disputes this eviction notice, you will have to go to court in South Glamorgan and prove your case with evidence.
Although the notices serve different reasons and are completely independent, they generate the same result, which includes you obtaining your Cardiff residence back.
A section 21 notice is exactly to inform the Cardiff tenant that the owner wants to recover possession of the property in Chatham, Cardiff/Caerdydd, or Merthyr Tydfil once they move out.
To start with, give the Cardiff tenant a 2-month eviction notice, informing them to vacate your property in South Glamorgan once the tenancy expires.
The Section 21 Notice you can serve in Cardiff when the fixed-term tenancy has come to an end or if there is a break clause that can be triggered.
You will do it even if the Cardiff occupant has done nothing wrong and you don't have to give a reason to reclaim the empty possession of the property in South Glamorgan.
However, if you want to be able to enforce the notice in the court in South Glamorgan, you must serve the Section 21 notice accurately.
The 2015 Deregulation Act brought changes to the way tenancies can be concluded using the Section 21 procedure.
In the beginning, this act was only limited to the tenancy agreements in Cardiff on or after 1 October 2015.
Moreover, as of 1 October 2018, that extends to all holdings in South Glamorgan-regardless of when it was decided.
The main rules are as follows:
A landlord can't serve Section 21 notice in the first four months of the tenancy with Denbigh Franks's help, however, in the case of tenancy renewal after the end of the fixed term in Cardiff, a section 21 notice can be served at any point.
The validity of Section 21 will be until six months from the issue date, however, if possession proceedings in Cardiff, South Glamorgan are delayed during this period, another notice will be served.
Where the Cardiff tenant brings up a valid request about the state of the property in South Glamorgan, and you fail to act on it, the tenant could report the case to the local housing authority; Note that a section 21 notice that you issue after the complaint of the tenant to the local housing authority is null and void.
You must use form 6A in the right way to make a section 21 notice.
For Section 21 notice to be binding, you must inform the tenant in Cardiff about the following items when they come to rent the property:
A Gas Safety Certificate
An Energy Performance Certificate (EPC)
To start any new tenancy, provide the 'How to Rent' guide
If you have reasons to evict a tenant in Merthyr Tydfil, Chatham, or Cardiff/Caerdydd, you can start the eviction process in Cardiff by serving a Section 8 notice asking for possession.
Schedule 2 of the Housing Act 1988 provides grounds applicable for issuing a Section 8 Eviction order in South Glamorgan.
These are the most popular reasons for a tenant eviction in South Glamorgan's Cardiff:
Failing to pay rent
Causing nuisance to the neighbours
To give your tenants in Cardiff/Caerdydd, Chatham, or Merthyr Tydfil Section 8 notice, you must fill in a 'Notice seeking possession of a property let on an assured agricultural occupancy or an assured tenancy.
Remember to point out the reason(s) why you are evicting the tenant in Cardiff and ensure you give between two (2) weeks and two (2) months for the tenant to vacate the property.
If the occupant in Cardiff declines to vacate within the agreed period, you need to move to court in South Glamorgan to get an ownership order.
If your tenant in Cardiff refuses to leave even after being served with an eviction notice from Denbigh Franks, then you can take the necessary action against them.
With Section 21 notice, you can accelerate the order process in Cardiff, especially if you don't want to claim unpaid rent or if a written tenancy agreement exists.
If you had issued a section 8 or 21 notice and want to recover your property in Cardiff/Caerdydd, Chatham, or Merthyr Tydfil and ask for unpaid rents from the tenant, you can make use of the standard claim for repossession in Cardiff of your property.
Still, if the tenant didn't vacate the property in Cardiff after the expiration of order for possession, the South Glamorgan county court bailiff will be ordered to evict, and it may take a little more time depending on the County court.
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If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.