113 Sycamore Field 0800 246 1381

How Do I Evict Tenants In Edinburgh Without Going To Court In City of Edinburgh

1. Using A Section 21 Or Section 8 Notice

If you wish to remove Edinburgh tenants from a rental property in Edinburgh, Blyth, or Livingston, 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 Edinburgh, you need to enlist Denbigh Franks to issue a Section 21 notice to the tenant.

The Edinburgh tenant in City of Edinburgh will receive the notice when a fixed-term tenancy agreement comes to an end.

If you serve a valid Section 21 notice in City of Edinburgh, you don't need to provide any reason for your claim.

When you have grounds for eviction in City of Edinburgh's Edinburgh, you can consider serving a Section 8 eviction notice.

Of example, the occupant in Edinburgh has not paid the rent, destroyed the property in Livingston or created a disturbance in Blyth.

If the tenant in Edinburgh breaches the tenancy agreement, terminate the tenancy.

If your tenant disputes this eviction notice, you will have to go to court in City of Edinburgh 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 Edinburgh residence back.

Experience our BESPOKE services with YOUR free 30-minute consultation!

2. Denbigh Franks Serve A Section 21 Notice Of Possession

Although a Section 21 notice is not necessarily an eviction notice, it notifies the tenant in Edinburgh that you want to have your residence in Blyth, Livingston, or Edinburgh back once they have left.

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

You can serve a Section 21 notice of possession in Edinburgh if a there is a break clause that can be triggered or if the fixed term of the tenancy has come to an end.

Moreover, you can do that even if the Edinburgh tenant hasn't done anything wrong and you aren't required to give a reason for wanting to take your City of Edinburgh property back.

But it must be served in the right way if you want to enforce it legally in City of Edinburgh.

There are some changes introduced through the Deregulation Act 2015 if you are planning to use the Section 21 procedure to end tenancies.

The Act was only inclusive of Edinburgh tenancy agreements on or after 01 October 2015.

However, it applies to all City of Edinburgh tenancy agreements as from 1 October 2018.

The main rules are as follows:

During the first four months, a Section 21 notice can't be served by Denbigh Franks, but if the tenancy has been renewed after the end of a fixed term, you can serve a Section 21 notice in Edinburgh at any point.

A Section 21 notice is valid for the first six months of its issuance, and if the proceedings of possessions in City of Edinburgh's Edinburgh are not given within the six-month duration, another notice will need to be issued.

If an authentic complaint is made by your tenant in Edinburgh concerning the condition of the rental property in City of Edinburgh and you do not handle it, the problem may have to be referred to the local housing authority by the tenant; The validity of a Section 21 notice is lost if it is issued after a notice has been served by the local housing authority.

In order to make a Section 21 notice, use 6a form.

In addition, to make a section 21 valid, the landlord is required to provide the following information in Edinburgh before renting out the premises:

A Gas Safety Certificate

A Power Efficiency Certification (EPC)

At the beginning of a new lease, you must give the new tenant the guide on 'How to Rent'

3. Hand Over A Section 8 Notice From Denbigh Franks In Edinburgh

If you are seeking possession in Livingston, Blyth, or Edinburgh, you can initiate the eviction process by sending the section 8 notice, provided you have strong grounds to evict a Edinburgh tenant.

Note that the grounds or the reasons for serving the Section 8 Eviction Notice in City of Edinburgh are spelt out in the Schedule 2 of the Housing Act 1988.

The common valid grounds in Edinburgh in City of Edinburgh are:

Unpaid rent

Damaging of property

Constituting a nuisance to other tenants or the property

The landlord in Edinburgh, Blyth, or Livingston needs to fill in a 'Notice seeking possession of the property' if you want to give your tenants a notice using a Section 8.

Remember to point out the reason(s) why you are evicting the tenant in Edinburgh and ensure you give between two (2) weeks and two (2) months for the tenant to vacate the property.

Make sure you apply to the City of Edinburgh court for a possession order as it would come in handy when the Edinburgh tenant doesn't vacate your property at the date.

Experience our BESPOKE services with YOUR free 30-minute consultation!

4. Make Use Of The Possession Order In City of Edinburgh's Edinburgh

When the tenant in Edinburgh ignores your eviction notice that Denbigh Franks has served and does not vacate the premises, you can act.

If you issued a section 21 eviction notice, you aren't demanding for unpaid rent in Edinburgh and there is a signed agreement, you can go for an accelerated possession order.

In case you handed either a Section 21 or 8 notice in Edinburgh or wish to recover your residence in Blyth, Livingston, or Edinburgh and at the same time claim rent debts from the tenant, you may make use of the regular possession claim.

Still, if the tenant didn't vacate the property in Edinburgh after the expiration of order for possession, the City of Edinburgh county court bailiff will be ordered to evict, and it may take a little more time depending on the County court.

Denbigh Franks Eviction Services

Based in Edinburgh, working nationwide


Get a FREE Quote


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.