A landlord wishing to end an assured shorthold tenancy agreement popularly known as periodic AST in Washington, Wallsend, or Tynemouth should put the following factors into consideration.
For a contractual periodic AST, you should follow the requirements that are written in the contract for Newcastle, and in case you are not sure about the contents in the contract, you can seek legal advice before moving on
The landlord needs to provide at least 2 months written notice if they are dealing with the statutory periodic AST in Newcastle and this notice must be given 2 months before the expiry of rental payment period in Tyne and Wear, for instance, if you have an agreement from 2nd of July to 1st of August, you must mention the 1st of August as the end of tenancy date in your notice
However, the following points must be considered, if a Newcastle landlord wants to end an AST of the fixed term before the term expired.
Landlords in Tyne and Wear should be able to seek possession if the tenancy contract has a provision
You trigger a break clause in the tenancy agreement if there is one and then serve the section 21 notice, and as a landlord in Washington, Tynemouth, or Wallsend, you cannot terminate the tenancy during a fixed term
Landowners in Newcastle can use a Section 8 notice to seek possession if they can provide proof to support the reasons for possession like failing to pay rent
Make use of these three steps to evict a Newcastle tenant.
The notice is served to the tenant for breaching a clause(s) in the tenancy agreement, which puts the landlord in a better position of serving the notice in Washington, Wallsend, or Tynemouth to the tenant seeking possession.
In addition, the Section 8 is the best to use here, especially when the clause breached by the tenant in Newcastle, Tyne and Wear has to do with rent arrears.
Being a landlord, you have to serve the tenants in Tynemouth, Wallsend, or Washington with the notice of section 8 in order to evict them for the rental arrears.
The court in Newcastle will most probably award a possession order in the landlord's favour if the tenant hasn't paid the rent for more than 8 weeks or 2 months.
A Possession Notice can be issued by the court in Newcastle at any point of the tenancy.
Court proceedings in Tyne and Wear are required if the Newcastle tenant fails to vacate the property or clear the arrears when section 8 notice expires.
But the tenant in Tynemouth, Washington, or Wallsend 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.
There will be a court hearing order before a judge in Newcastle where a claim is for rent arrears and possession (Section 8).
The landlord in Washington, Wallsend, or Tynemouth will need to attend the hearing in Newcastle, or can also appoint an agent to attend the hearing on his behalf.
It's really important to have all relevant paperwork readily available before you appear for the hearing in Tyne and Wear, so you must bring an up to date schedule of arrears and the tenancy agreement on the court hearing.
If the tenant in Newcastle pays up their arrears before the hearing date, you may not get a possession order.
In case of landlord winning the claim in Tyne and Wear, a fourteen-day order of possession is issued by the court.
On that account, the tenant in Tynemouth, Wallsend, or Washington would have to vacate the property in 14 days starting from the day of court hearing in Newcastle.
If the tenant remains on the property in Newcastle, a Denbigh Franks bailiff would then be appointed by the landlord.
Also, the Tyne and Wear court may award a judgment for the unpaid rent, interest, and costs if it is in the landlord's statement of claim.
If the tenant has failed to leave your property in Newcastle after the possession order has expired, a bailiff from Tyne and Wear is usually appointed to escort the tenant along with their belongings out of your property.
Moreover, in Newcastle it will take another 6 weeks to complete the process.
Regaining possession of a property in Tynemouth, Washington, or Wallsend through the courts in Tyne and Wear takes a long time, usually 4 to 6 months.
Newcastle tenants that are difficult can delay the process, so landlords in Tyne and Wear are advised to try to resolve issues outside of the court before resolving to court action, as it can be lengthy and troublesome.
But this is not always possible and it can be very stressful and worrying time for property owners in Newcastle, especially if they rely on the rent to pay for a mortgage.
If this is the case, a landlord has to act quickly so as to minimize losses as much as possible.
Whereas, if you are planning to harass your tenant to get the possession, this is not the right thing to do in Washington, Tynemouth, or Wallsend.
If you do the latter, you may be penalized by the court in Newcastle.
Before doing any such thing contact an expert from Denbigh Franks for professional advice and act through proper channel.
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