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How To Evict A Tenant In Colchester Without Going To Court In Essex

1. Deciding Between A Section 8 Or Section 21 Notice

If you want your tenant in Colchester to move out of your property in Abberton, Colchester, or Clacton-On-Sea, you need to serve them a quit notice using the legal provision of Section 8 or Section 21 of the Housing Act 1988.

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

This means that, at the end of a tenancy agreement in Colchester, Essex, that is fixed-term, you can resume your property's possession or engage in a break clause that is agreed.

When serving a section 21 notice you don't need a reason in Essex for taking back possession of your property.

Eviction notice under Section 8 needs grounds for eviction to be served in Colchester, Essex.

For instance, if he owes rent in Abberton, becoming a pest in Colchester, or spoiled the property in Clacton-On-Sea.

When any of these happens, the lease can be terminated during its fixed term if the lease agreement has been violated by the Colchester tenant.

However, the tenant may dispute the eviction notice which could result in filling a possession order in the Essex court where you will be required to provide proof of your claim.

You can give out both Section 8 and 21 notices simultaneously but independently, although both notices will get you repossession of your Colchester property.

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2. Denbigh Franks Provide A Section 21 Notice Of Possession

In the practical sense, a Section 21 is not a notice of eviction, but is used to notify your tenant in Colchester that you would like to repossess your property in Abberton, Clacton-On-Sea, or Colchester as soon as they have vacated your property.

First of all, the notice of no less than 2 months will be served to the Colchester tenant, in which they are asked to vacate the property in Essex at the end of the term.

A Section 21 notice is issued in Colchester in case of an agreed break clause or the agreement is reaching expiry.

As the landlord, you are not required to give any reason to the Colchester tenant for gaining possession of your property in Essex.

However, if you want to be able to enforce the notice in the court in Essex, you must serve the Section 21 notice accurately.

According to The Deregulation Act 2015, there are some amendments in the laws by which tenancies can be ended via Section 21 procedure.

At first, it only applied to tenancy agreements in Colchester on or after 1 October 2015.

However, after 1 October 2018, it applies to all tenancies in Essex.

The essential things you should note are:

Denbigh Franks cannot serve a Section 21 Notice if the tenancy is less than four months, although, a tenancy in Colchester that is renewed after the expiry of a fixed term is eligible for the landlord to serve the tenant with a section 21 notice anytime.

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 Colchester, Essex in six months period, you must serve the tenant another notice.

Negative comments regarding property if your Colchester tenant raises a legitimate complaint about the state of your property in Essex 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.

You need to make use of Form 6A in case you want to issue a Sec.21 notice.

The tenant in Colchester must be given some details once they begin renting for a Section 21 to be legitimate, which include:

A Gas Safety Certificate

An Energy Performance Certificate

How to Rent' guide, which must be given at the start of any new tenancy

3. Get Denbigh Franks To Serve An Eviction Notice Under Section 8 In Colchester

If you have a plausible reason for evicting a tenant in Abberton, Colchester, or Clacton-On-Sea, you can begin the eviction process to recover your property in Colchester, by issuing the tenant a Section 8 eviction notice.

Schedule 2 of the Housing Act 1988 provides grounds applicable for issuing a Section 8 Eviction order in Essex.

Here are the well-known reasons for evicting a tenant from your property in Colchester, Essex:

Rent arrears

Damage to the property

Nuisance

Giving your tenants in Clacton-On-Sea, Colchester, or Abberton a Section 8 notice you must complete a 'Notice to obtain property possession let on a tenancy that is assured or an occupancy of assured agricultural'.

You must give your Colchester tenant between two weeks' and two months' notice depending on the terms, and you must specify the tenancy terms that have been breached.

However, if your Colchester tenants do not leave by the specified date, then you can apply to the court in Essex for a possession order.

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4. Make An Order Of Possession In Colchester, Essex

You can take action with Denbigh Franks if your tenant refuses to leave the property in Colchester after being served an eviction notice.

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

Feel free to use standard possession order in Colchester if you wish to get back your property in Colchester, Abberton, or Clacton-On-Sea or have issued a section 21 or 8 notice and still demanding rent arrears from your tenant.

If the tenant in Colchester remains at the expiration of the possession order, the Essex County Court Bailiff may evict the tenant on your order, a court hearing may come up if your tenant raises a serious objection or if your paperwork is out of order, and the entire process should be over within six and ten weeks.

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