If the property owner decides to end a periodic AST in King's Lynn, Great Yarmouth, or Norwich, they need to think of these facts first.
In case of a periodic and contractual AST in Norfolk, you would need to follow the requisites of the written contract, and if you do not exactly understand the contents of your contract, you should always seek an advice from the lawyer before you proceed further.
If it is a periodic AST that is statutory in Norfolk, the landlord must give the tenant a minimum written notice of two months that will end on the rental payment period's last day, for instance, if a rental period in Norfolk starts from the 2nd of August to the 1st of September, the date the tenancy will end that will be on the notice, is the 1st of September
If it happens that the landlord in Norfolk wishes to end the fixed assured shorthold tenancy agreement, then the following should be considered.
The Norfolk landlords should be able to seek possession if there is a provision for this in the tenancy agreement
You should activate a break section contained within the lease contract in case there exists one and later on issue the Sec. 21 memo, and as a property owner in Great Yarmouth, Norwich, or King's Lynn, you are not allowed to end the contract within an agreed period
With the section 8 provisions in place, landlords in Norfolk that can prove that they have enough reason for possession could go for possession
When evicting a tenant in Norfolk, there are three steps.
You have to serve a notice seeking possession of your property in King's Lynn, Norwich, or Great Yarmouth, and note that you can only serve this notice if the tenant has breached one or more clauses enclosed in the tenancy agreement.
In addition, the Section 8 is the best to use here, especially when the clause breached by the tenant in Norfolk, Norfolk has to do with rent arrears.
Issuing a 'Section 8' notice is the first step to evicting a tenant in Norwich, Great Yarmouth, or King's Lynn who is not paying their rent.
The Norfolk court will probably grant a possession order in the landlord's favour if the tenant owes more than eight weeks' rent, provided there are no exceptional circumstances.
However, the possession order can be given by the court in Norfolk any time during the time of tenancy.
In case failure by the tenant in Norfolk to clear rent arrears and/or vacate the property in Norfolk on the expiry of section 8 notice, then this will be a matter of the court injunction.
The landlord can only rely on these grounds for possession if the tenant in Norwich, King's Lynn, or Great Yarmouth hasn't paid the rent of at least two months on the day of the court hearing.
A court hearing in Norfolk will have to be scheduled if there are rent arrears and claim of possession.
The landlord in Norwich, Great Yarmouth, or King's Lynn must find an agent to attend for them or will be needed to go to the hearing in Norfolk.
All the details of the tenancy in Norfolk must be fully understood by the agent or landlord and they must present the necessary documents including the lease agreement and the latest rent payment.
If the tenant before the hearing date in Norfolk clears the arrears then it is not likely a property owner will get an order of possession.
The judge in Norfolk usually awards a 14-day possession order if the claim is successful.
It means that there is 14 days deadline for tenant in Great Yarmouth, King's Lynn, or Norwich to leave the property initiating from the date of hearing in Norfolk.
The landlord can also take help from the bailiff in Denbigh Franks if the Norfolk tenant declines to vacate landlord's property.
The landlord in Norfolk can also make a claim for interest and costs if the judgment is granted for the arrears of rent.
A bailiff of the Norfolk County Court must be set up to carry out the final stage of eviction if a Norfolk tenant won't leave before the due date of the Possession Order (typically 2 - 6 weeks).
Process of application in Norfolk can take till six weeks to get the bailiff from court for the purposes of eviction.
Sometimes getting possession of property in Norwich, King's Lynn, or Great Yarmouth through the process of court hearings in Norfolk can take a time of four months to about six months.
Also, the process can be delayed by unyielding tenants in Norfolk and therefore landlords in Norfolk are always advised put in maximum effort to ensure that issues are resolved amicably first before deciding to use the courts.
But this can be a hectic and irritating period for the landlords in Norfolk especially when the rent is the only source of their living.
In such cases, the landlord should quickly start the process to have the minimum losses.
This doesn't imply that the owner of the property in Great Yarmouth, Norwich, or King's Lynn should distress the leaseholder when wishing to settle issues.
The penalties for tenant harassment in Norfolk are severe and can result into heavy fines.
The best thing you should do is to seek advice from Denbigh Franks and always use the right procedures.
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