113 Sycamore Field 0800 246 1381

Without Going To Lancashire Court, How Do I Evict A Preston Tenant

1. Notice Of Section 8 Or Section 21

If you want your shorthold tenancy tenants in Preston to vacate your property in Fulwood, Bamber Bridge, or Leyland, serve them either the Section 8 or Section 21 notice, which are supported by the Housing Act, 1988.

A Section 21 notice of possession is supplied by Denbigh Franks to a tenant in Preston to guide as 'notice of the possession'.

A Section 21 notice of possession means you can take back ownership of the Preston property in Lancashire at the end of a fixed-term agreement, or activate an agreed break clause.

You should keep in mind that after serving a valid Section 21 notice in Lancashire, you won't have to provide any reason to claim possession.

A section 8 notice is served by the landlord or landlord's agent in Lancashire's Preston when they have valid grounds to evict the tenant from their property.

For instance, the tenant has not paid the rent in Bamber Bridge, is causing a nuisance in Fulwood or has damaged the property in Leyland.

In such cases, the Preston landlord doesn't need to wait for the fixed term period to come to an end.

However, it could lead to a dispute between both parties that ends in going to court in Lancashire where sufficient proof for eviction will have to presented.

You can give out both Section 8 and 21 notices simultaneously but independently, although both notices will get you repossession of your Preston property.

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

2. Serve A Section 21 Notice For Possession With Denbigh Franks's Assistance

The Notice of Section 21 is not legally a notice of removal, but a notice to remind the Preston occupant that you, the owner, intend to regain possession of the property in Bamber Bridge, Leyland, or Fulwood once they have vacated.

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

A section 21 notice is served in Preston when a fixed tenancy term has expired or the agreement includes break to end the tenancy before the agreed period.

You have the right to do so even if your tenant in Preston has not violated any term of the agreement and you also don't need to provide a reason for getting the possession of your property in Lancashire back.

But you must serve the Section 21 notice in an accurate way if you are willing for its enforcement in the Lancashire court.

You should note that the Deregulation Act 2015 brought changes to the way you can end tenancies using the provisions of a section 21 rule of law.

Before, they used the Deregulation Act 2015 for only tenancies in Preston that were operating on or after 2015.

As of 01 October 2018, it is applicable to all tenancy agreements in Lancashire.

Bear the following in mind:

During the first 4 months of tenancy, Denbigh Franks cannot issue a section 21 notice, however, if the tenancy in Preston has been redeemed after the termination of a fixed term, you can issue a section 21 notice any time during the renewed tenancy.

The validity period of the Section 21 notice is 6 months from the date it was issued, so another notice will need to be served if the possession proceedings in Preston, Lancashire are not initiated within 6 months' period.

In case your tenant in Preston makes a legal complaint about the condition of your residence in Lancashire and you fail to handle it, the tenant might then serve the issue to the local housing authority; In case a Section 21 notice is issued once a complaint is made, then it will be invalid when the local housing authority notice is handed.

You must use form 6a to make a section 21 notice.

The section 21 will not be valid if you didn't provide the following documents to the tenant in Preston at the beginning of renting:

A Gas Safety Certificate

An EPC (Energy Performance Certificate)

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

3. Denbigh Franks Can Hand A Section 8 Eviction Notice In Preston

If you have reasons to evict a tenant in Fulwood, Leyland, or Bamber Bridge, you can start the eviction process in Preston by serving a Section 8 notice asking for possession.

Schedule 2 of the 1988 Housing Acts includes the reasons why a Section 8 eviction notice is served in Lancashire.

Below are the most common reasons for evicting a tenant in Lancashire's Preston:

Rent debts

Damaging of property

Causing irritation

To give your tenants in Bamber Bridge, Leyland, or Fulwood Section 8 notice, you must fill in a 'Notice seeking possession of a property let on an assured agricultural occupancy or an assured tenancy.

The notice should indicate tenancy agreement terms that have been violated in Preston and you must issue a notice ranging from two weeks to two months subject to the terms you are referring to.

If the tenant in Preston fails to move out or relocate within the given time, the landlord must apply for a possession order in Lancashire immediately.

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

4. Serve A Possession Order In Preston, Lancashire

If you have served the eviction notice with Denbigh Franks and your tenant in Preston does not leave your property, start making plans.

In case you served a Sec. 21 ejection signal, you are not asking for the rent that is yet to be paid and you have a signed contract, you may opt for the accelerated ownership order in Preston.

In Preston, you can use the standard possession claim if you want to claim rent arrears from the tenant in Bamber Bridge, Fulwood, or Leyland while willing to get your property back.

If your tenant in Preston does not leave within the stipulated time, you have the right to instruct the Lancashire court bailiff to escort the tenant out of the property and can take four or more weeks depending on the court.

Denbigh Franks Eviction Services

Based in Preston, 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.