How Do I Evict Tenants In Chatham Without Going To Court In Kent

1. Which Notice Section 21 Or Section 8

In case you wish to inform your Chatham tenant that you would want them to leave your residence in Capstone, Gillingham, or Rochester, it will be required to serve either a Section 8 or Section 21 under the Housing Act 1988.

When it comes to giving a 'notice of possession' to the tenant in Chatham, you're supposed to get Denbigh Franks to send a Section 21 notice of possession to them.

This means also you can initiate an agreed break clause at a fixed-term tenancy's end, or the possession of the property in Chatham, Kent, can be taken back.

On top of that, you should consider that you don't need to give any reason to claim possession in Kent when you hand a legal Section 21 notice.

When you have grounds for eviction in Kent's Chatham, you can consider serving a Section 8 eviction notice.

It is ideal for defaulting tenants in Capstone or those damaging your property in Rochester, or those making a nuisance in Gillingham.

If the Chatham tenant has violated the agreement at any stage this makes you eligible to end the fixed term tenancy.

But, the occupant may disagree with it and force you to move to court in Kent in order to give sufficient proof for eviction.

The orders can be served for separate reasons, without any connection to each other, to achieve the same result which is to possess your Chatham property.

2. Denbigh Franks Issue A Section 21 Notice Of Possession

A section 21 notice is exactly to inform the Chatham tenant that the owner wants to recover possession of the property in Gillingham, Rochester, or Capstone once they move out.

First of all, you need to give a 2 months' notice to the tenants in Chatham informing them that they need to leave the premises in Kent by the end of the tenancy.

If an agreed break clause can be triggered to terminate the lease or if the fixed-term lease is over, a Section 21 notice of possession can be served in Chatham.

It can be served if the tenant in Chatham has not done anything contrary to the agreement and it is not necessary to provide a reason for eviction in Kent.

However, you must ensure that the Section 21 notice is served in accordance with the rules before it can be enforced in the Kent court.

The 2015 Deregulation Act brought changes to the way tenancies can be concluded using the Section 21 procedure.

Initially, these changes only applied to Chatham leases that were agreed on or after 1 October 2015.

However, the Act, after 1st October 2018, is inclusive of all Kent tenancies.

The key rules include:

A Section 21 notice cannot be served by Denbigh Franks within the tenancy's first four months but if following the fixed term's end, the tenancy in Chatham has been renewed, during the renewed tenancy you can serve a Section 21 notice at any point.

Also, a Section 21 notice is enforceable for only six months from the date they issue it, but if you fail to send possession proceedings in Chatham, Kent in six months period, you must serve the tenant another notice.

Your tenant in Chatham has the right to refer your matter to the local housing authority if they make a legitimate complaint about the condition of your property in Kent, and you fail to address it; Once the local housing authority served you notice, the section 21 notice issued after the complaint will be invalid.

To make a Section 21 notice, you must use form 6A.

The validity of the Section 21 Notice is enhanced when the following are provided the Chatham tenant at the start of the rent period:

A Gas Safety Certificate

An Energy Performance Certificate

The guide "How to Rent", a landlord must provide it at the beginning of the tenancy

3. Denbigh Franks Can Serve A Section 8 Notice In Chatham

You can begin the process of eviction in Gillingham, Rochester, or Capstone by issuing a section 8 notice if you have one or more grounds for eviction in Chatham.

The basis for the notice in Kent is in Schedule 2 of the Housing Act 1988.

Below are the most common reasons for evicting a tenant in Kent's Chatham:

Unpaid rent

Damage to the property

Nuisance

You will have to fill in a notice claiming possession of your property let on an assured agricultural occupancy or an assured tenancy if you wish to serve the section 8 to the tenant in Gillingham, Rochester, or Capstone.

You should state the reasons for your removal from Chatham on the memo and forward the memo two weeks or two months prior according to the conditions applied.

In case your tenants in Chatham don't leave by the stated date, then you will be able to apply to the Kent court for a possession order.

4. Create A Possession Order In Chatham In Kent

You can act in case the Chatham tenant does not leave your rental property after being issued with a Denbigh Franks notice of eviction.

Moreover, you can use a quick possession order in case you served a Section 21 notice in Chatham as there is a written tenancy agreement and you aren't declaring any rent that hasn't been paid.

The landlord can go ahead with the regular possession order in Chatham if they desire to take their property back in Rochester, Capstone, or Gillingham or have furnished a Section 21 or 8 notice to the tenant and still want the remaining rent balance from the tenant.

If the notice of possession has expired and the tenant refuses to vacate your property in Chatham, you are required to request for the Kent County Court Bailiff to carry out the eviction process which may take about 4-6 weeks as determined by the County Court.