As property owner, you should bear in mind the following in case you want to end a fixed secure shorter lease in Dunstable, Caddington, or Houghton Regis.
In case of Contractual Periodic AST in Luton - Under this, you must follow the conditions mentioned in the contract, but in case of any doubt seek advice from your legal expert before having any proceedings
In case it is a statutory periodic AST in Luton, then the landlord should provide at least 2 months written notice which comes to an end on the last day of lease payment period, for instance, in case a rent period in Bedfordshire runs from the 2nd August until the 1st September, then the date written in the notice should be the 1st September
The landlord in Luton needs to take some factors in case a landlord wants to terminate a fixed term AST before the term expires.
In case the tenancy agreement supports this in Bedfordshire, you are eligible for claiming possession
If the agreement has a break clause, they should use it before resorting to a section 21 notice, apart from this, they have no right to end a fixed term tenancy agreement with a section 21 notice in Houghton Regis, Caddington, or Dunstable
In case a landlord in Luton may demonstrate they have grounds for possession, like rent debts, they can look for possession using a Section 8 notice
Here are three steps to be adhered to when evicting a tenant in Luton.
A Section 8 notice is served to the tenant in Caddington, Dunstable, or Houghton Regis when they breached clauses within the tenancy agreement.
The landlords in Bedfordshire usually use the Section 8 notice when the Luton tenant isn't paying the rent.
To evict a tenant in Dunstable, Houghton Regis, or Caddington whose rent payment is in arrears is served with, Section 8 notice.
If the tenant has failed to remit rent for a period above 2 months and no tangible reasons available, it is likely that the Luton court will rule in your favour.
A Possession Notice can be issued by the court in Luton at any point of the tenancy.
If the Section 8 notice terminates and the tenant in Bedfordshire doesn't pay all the debts or doesn't leave the Luton residence, then court proceedings are needed.
But the tenant in Caddington, Dunstable, or Houghton Regis must owe a minimum of two months' rent on the day of the court hearing for the landlord to rely on unpaid rent as grounds for possession.
When you present a claim for rent arrears and possession as enshrined in Section 8, a court hearing in Luton becomes inevitable.
The landlord in Houghton Regis, Dunstable, or Caddington will be expected to be available for hearing in Luton, or to represent them appoint an agent.
The landlord or the agent should be well versed about the Bedfordshire tenancy and be ready with everything for instance, rental arrears or the tenancy agreement.
In case the tenant pays all the rent arrears before the hearing date in Luton, the landlord will most likely not be granted with a possession order.
In Bedfordshire, the judge usually grants a 14-day possession order if the landlord provides sufficient evidence as stipulated in the law, Section 8.
This means that the tenant in Caddington, Dunstable, or Houghton Regis has to vacate for 14 days from the date of the hearing in Luton.
If the tenant in Luton does not vacate the property, a bailiff from Denbigh Franks will need to be provided by the landlord for the eviction.
A verdict for the pending dues is likely to be given and then interest and costs claim can be filed by the landlord in Bedfordshire.
If the tenant in Luton does not leave the property before the possession order expires (normally, 2 - 6 weeks) then the services of a Bedfordshire County Court bailiff must be availed to conduct the eviction.
Applying for bailiff is a process that could take a period of 6 weeks in Luton.
It may take a long time for the Bedfordshire courts to regain ownership of a property in Caddington, Dunstable, or Houghton Regis, often four to six months.
More so, some complicated tenants in Luton may delay court proceedings for a prolonged period of time, which explains why property owners in Bedfordshire are required to try settling their cases out of court.
But this is not always possible and it can be very stressful and worrying time for property owners in Luton, especially if they rely on the rent to pay for a mortgage.
In this situation, the landlord must act hastily so that expenses are reduced.
This does not mean that the landlord should torment the tenants when trying to resolve issues in Dunstable, Caddington, or Houghton Regis.
Harassment of tenants in Luton can result in weighty penalties and large fines.
Always use correct procedures and seek professional advice at Denbigh Franks.
Based in Luton, working nationwide
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