If you wish to remove Carlisle tenants from a rental property in Sunderland, Castlerigg, or Carlisle, you have to serve them a Section 8 or Section 21 notice as per the Housing Act of 1988.
To initiate the process of eviction in Carlisle, you need to enlist Denbigh Franks to issue a Section 21 notice to the tenant.
You can begin the procedure of retrieving your asset in Carlisle, Cumbria, and this also implies that you may instigate a break clause of the agreement.
Importantly, you do not have to give any reason to claim possession when you submit a valid Notice to Section 21 in Cumbria.
You can issue your tenant a Section 8 eviction notice in Cumbria's Carlisle if the tenant breaches any terms of the tenancy agreement.
Examples include unpaid rent in Carlisle by tenant or damage done to your property in Castlerigg, or making disturbances in Sunderland.
In such scenarios you can terminate a fixed term tenancy in Carlisle if the tenant has breached the tenancy agreement.
However, the tenant might dispute it and you will have to go to the courts in Cumbria and provide enough evidence for eviction.
Each eviction notice is independent which is served for various reasons although the result is the same- you recover possession of your property in Carlisle.
A Section 21 notice is not an eviction notice but used to inform the Carlisle tenant that the landlord wants to repossess the property in Sunderland, Carlisle, or Castlerigg immediately they move out.
To give the Carlisle Tenant a notice of almost 2 months is the first step which means that you want your tenants to leave the property in Cumbria at the end of the tenancy.
If a fixed term of the tenancy comes ends or there is a break clause that can be triggered, in Carlisle you can serve a section 21 notice of possession.
You can serve this notice even if the tenant in Carlisle hasn't done wrong, and you don't have a reason to recover the Cumbria property's possession.
However, you must ensure that the Section 21 notice is served in accordance with the rules before it can be enforced in the Cumbria court.
The 2015 Deregulation Act amendments made changes in how tenancy agreements come to an end while utilising the Section 21 notice.
Initially, it only applied to Carlisle holdings that had been agreed on or after 1 October 2015.
Nevertheless, it applies to all tenancy agreements in Cumbria starting 1 October 2018 regardless of the time the tenant signed.
Here are the key rules:
Remember that Denbigh Franks cannot serve the Section 21 notice during the 4 months of the tenancy, but you can serve the Section 21 notice if the Carlisle tenancy is renewed after the end of a fixed term, so you can serve a Section 21 notice at any time after renewing the tenancy.
The Notice of Section 21 shall only be valid for six months from the date on which it was issued, unless possession proceedings in Carlisle, Cumbria have been issued for a period of six months, another Notice shall be notified.
In case your tenant in Carlisle makes a legal complaint about the condition of your residence in Cumbria and you fail to handle it, the tenant might then serve the issue to the local housing authority; In case a Section 21 notice is issued once a complaint is made, then it will be invalid when the local housing authority notice is handed.
Make use of the form 6A to issue a section 21 notice.
The section 21 will only be valid when the tenant in Carlisle is provided with the following when they begin renting:
A gas Safety certificate
An Energy Performance Certificate
The ' How to Rent ' guide, this guide must be given to the tenant at the beginning of any new tenancy
If you have more than one solid reasons for evicting your Sunderland, Castlerigg, or Carlisle tenant, the eviction process in Carlisle can begin by furnishing a Section 8 notice.
Schedule 2 of the 1988 Housing Acts includes the reasons why a Section 8 eviction notice is served in Cumbria.
Some of the reasons why you should evict a tenant in Cumbria's Carlisle are:
Damaging the property
If you must provide notice to your tenants in Sunderland, Carlisle, or Castlerigg and rely on Section 8, you must fill in a 'Notice requesting property possession that you provide on a tenancy that is assured or let on assured agricultural occupancy'.
On top of that, you are required to specify on the notice what clauses of the Carlisle tenancy have been broken and must provide between two weeks' and two months' notice which is based on the clauses you are needing.
You will then have to appeal to the Cumbria court for a retention warrant if your tenants in Carlisle do not quit by the specified date.
When the tenant in Carlisle ignores your eviction notice that Denbigh Franks has served and does not vacate the premises, you can act.
In case a written tenancy agreement exists and also the tenant in Carlisle does not have any pending rent then accelerated possession order can be used, if you serve Section 21 notice.
If, in Carlisle, you have served the Section 21 notice or Section 8 notice, you can also use the standard possession claim - or if you want the property in Carlisle, Sunderland, or Castlerigg back due to overdue rent.
If the possession order has expired and the tenant fails to vacate in Carlisle, then it's vital to notify the Cumbria County Court Bailiff to help you evict the tenant - this may take additional four weeks or more depending on the County Court.
Based in Carlisle, working nationwide
Find Out More
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.