You need to serve either Section 21 or Section 8 notice under the Housing Act 1988 if you're looking to inform your Newcastle tenant that you'd like to leave your property in Tynemouth, Washington, or Wallsend.
When you give 'notice of possession' to the tenant in Newcastle, a Section 21, notice of possession is provided by Denbigh Franks.
This also means that you have the authority to initiate a break clause that was agreed upon and repossess your Newcastle premises in Tyne and Wear.
You must know that you don't have to give any reason for seeking the possession of your property in Tyne and Wear if you serve the tenant a legal Section 21 notice.
A Section 8 notice is served in Newcastle, Tyne and Wear, when the landlord has solid reason to evict the tenant.
It is ideal for defaulting tenants in Wallsend or those damaging your property in Tynemouth, or those making a nuisance in Washington.
If the tenant in Newcastle breaches the tenancy agreement, terminate the tenancy.
If the tenant disputes, which could result in court action in Tyne and Wear, have enough evidence to back your action.
You can give out both Section 8 and 21 notices simultaneously but independently, although both notices will get you repossession of your Newcastle property.
The Notice of Section 21 is not legally a notice of removal, but a notice to remind the Newcastle occupant that you, the owner, intend to regain possession of the property in Tynemouth, Washington, or Wallsend once they have vacated.
First of all, you need to give a 2 months' notice to the tenants in Newcastle informing them that they need to leave the premises in Tyne and Wear by the end of the tenancy.
In Newcastle, 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.
Irrespective of whether you have a valid reason for the tenant in Newcastle or not, you, the landlord, is able to get possession of your property in Tyne and Wear.
But you must serve the notice well to enable you to enforce it in Tyne and Wear court.
Amendments on how to use Section 21 Notices were made in the Deregulation Act of 2015.
It is applied to the Newcastle tenancies that were signed on or after 1 October 2015.
However, the Act, after 1st October 2018, is inclusive of all Tyne and Wear tenancies.
Some of the rules that you must know are:
A Section 21 notice cannot be served by Denbigh Franks within the tenancy's first four months but if following the fixed term's end, the tenancy in Newcastle has been renewed, during the renewed tenancy you can serve a Section 21 notice at any point.
A section 21 notice is legitimate only for 6 months starting from the date it was served, and another notice should be issued in Tyne and Wear's Newcastle in case proceedings of possession are not provided during the 6-month period.
If an authentic complaint is made by your tenant in Newcastle concerning the condition of the rental property in Tyne and Wear 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 order to make the Section 21 valid, the following information must also be provided to the Newcastle tenant while the tenants start renting:
Gas Safety Certificate
An Energy Performance Certificate (EPC)
A Rental guide which is provided to the tenant at the beginning of a lease
If you have a plausible reason for evicting a tenant in Tynemouth, Washington, or Wallsend, you can begin the eviction process to recover your property in Newcastle, by issuing the tenant a Section 8 eviction notice.
Schedule 2 of the Housing Act 1988 mentions all the reasons for presenting a section 8 notice in Tyne and Wear.
Mostly, tenants risk being evicted in Newcastle in Tyne and Wear because of:
Damaging the property
Before giving the Section 8 Notice to your tenant in Wallsend, Tynemouth, or Washington, endeavour to fill in a "Notice of a property let on an occupancy that is assured agricultural or an assured tenancy."
You must state on the document what the conditions of the Newcastle lease have been broken, and you must offer a warning between two weeks and two months, depending on the terms on which you rely.
In case the tenant in Newcastle does not move out within the specified time, you will need to apply for a possession order in Tyne and Wear court.
You may take an action in case your Newcastle tenant doesn't leave the property once they have been served by Denbigh Franks.
If you have previously served a Section 21 notice, and a written lease agreement has been drawn up and there are no unpaid rents, an accelerated possession notice can be used in Newcastle.
The standard possession claim can be used when service of a section 21 or a section 8 notice in Newcastle or you want to recover your property in Wallsend, Tynemouth, or Washington, and rent arrears that are unpaid .
Finally, if the tenant refuses to move out of your Newcastle premises after the order for possession expires, you can direct the Bailiff of the County Court of Tyne and Wear to evict the tenant, and the action of the Bailiff depends on the County Court and may take between four to six weeks or more.
Based in Newcastle, working nationwide
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.