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How To Evict A Tenant In Cheltenham Without Going To Court In Gloucestershire

1. Choosing Between Section 8 And Section 21 Notice

As stipulated under the 1988 Housing Act, if you want to send a notice of eviction for your Cheltenham tenant to leave your property in Cheltenham, Shurdington, or Bishop's Cleeve, you will be required to serve them a Section 8 or Section 21.

A Section 21 notice of possession is served by Denbigh Franks to give 'notice of possession' to the tenant in Cheltenham.

A Section 21 notice of possession means you can take back ownership of the Cheltenham property in Gloucestershire at the end of a fixed-term agreement, or activate an agreed break clause.

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

If you have any grounds for eviction in Gloucestershire's Cheltenham, you will have to send the Section 8 notice to your tenants.

For instance, if he owes rent in Cheltenham, becoming a pest in Bishop's Cleeve, or spoiled the property in Shurdington.

In case the tenancy agreement has been violated, the Cheltenham landlord is well within his rights to end the agreement within the fixed duration.

If the tenant disputes, which could result in court action in Gloucestershire, have enough evidence to back your action.

The two notices are usually independent and serve for different reasons but yield the same result that is evicting the tenant in Cheltenham.

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2. Get Denbigh Franks To Serve A Section 21 Notice Of Possession

Technically a section 21 notice isn't an eviction notice, it's a notice meant to let the tenant in Cheltenham know that you, the landlord, wish to repossess the property in Shurdington, Bishop's Cleeve, or Cheltenham once they leave.

The first step to take is to provide the Cheltenham tenant with no less than two months' notice that you need them to leave the residence in Gloucestershire at the end of the tenancy.

In Cheltenham, you may serve a Section 21 notice of possession in case a fixed term of the tenancy has ended or if a clause was broken.

You can serve this notice even if the tenant in Cheltenham hasn't done wrong, and you don't have a reason to recover the Gloucestershire property's possession.

However, the law requires you to properly serve your tenant with a section 21 possession notice for it to be enforced in court in Gloucestershire.

In 2015, the Deregulation Act introduced amendments in the way tenancies would be terminated using the section 21 notice.

Before, they used the Deregulation Act 2015 for only tenancies in Cheltenham that were operating on or after 2015.

But, it is applicable to entirely all lease agreements in Gloucestershire since 1st Oct. 2018.

Bear the following in mind:

Denbigh Franks can only serve it after four months of tenancy, however, for renewed tenancy in Cheltenham, you can serve a Section 21 Notice at your discretion.

The validity of section 21 notice is 6 months and if the matter has not been determined within the 6 months, the landlord will have to serve another notice in Gloucestershire's Cheltenham.

Negative comments regarding property if your Cheltenham tenant raises a legitimate complaint about the state of your property in Gloucestershire and you refuse to deal with it, the tenant can refer the matter to the local housing authority; Section 21 certificates given after the initial complaint become void once the local housing agency has been alerted.

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

For Section 21 notice to be binding, you must inform the tenant in Cheltenham about the following items when they come to rent the property:

Gas Safety Certificate

An Energy Performance Certificate

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

3. In Cheltenham Serve A Section 8 Notice With Denbigh Franks's Support

A Section 8 Notice is served to tenants in Bishop's Cleeve, Shurdington, or Cheltenham, if you have valid reasons to evict them from your premises in Cheltenham.

The 2nd schedule of the 1998 Housing Act provides the reasons for serving a Section 8 notice in Gloucestershire.

Likely reasons for the eviction of the tenant in Cheltenham, Gloucestershire are:

Failing to pay rent

Damaged residence

Causing trouble

In order to serve the Section 8 notice to the tenant in Cheltenham, Shurdington, or Bishop's Cleeve, you must fill a notice that will declare ownership of property on an assured tenancy or agricultural occupancy.

On top of that, you are required to specify on the notice what clauses of the Cheltenham tenancy have been broken and must provide between two weeks' and two months' notice which is based on the clauses you are needing.

If the tenant in Cheltenham fails to move out or relocate within the given time, the landlord must apply for a possession order in Gloucestershire immediately.

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4. Make A Possession Order In Cheltenham, Gloucestershire

If your tenant in Cheltenham refuses to leave even after being served with an eviction notice from Denbigh Franks, then you can take the necessary action against them.

An Accelerated Possession Order can be utilised in Cheltenham if a Section 21 Possession Notice has been served, there is a written agreement, and there are no overdue rents.

In Cheltenham, you can use the standard possession claim if you want to claim rent arrears from the tenant in Cheltenham, Shurdington, or Bishop's Cleeve while willing to get your property back.

On top of that, in case the tenant doesn't leave the property in Cheltenham after the order has been expired, it will be needed to instruct the Bailiff of the County Court of Gloucestershire to evict, which can take from four to six weeks or even longer depending on the court.

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