113 Sycamore Field 0800 246 1381

Without Going To Court In South Yorkshire, How Do I Evict A Rotherham Tenant

1. Section 8 Or Section 21 Notice

As stipulated under the 1988 Housing Act, if you want to send a notice of eviction for your Rotherham tenant to leave your property in Rotherham, Rawmarsh, or Wath Upon Dearne, you will be required to serve them a Section 8 or Section 21.

A Section 21 notice of possession is handed by Denbigh Franks to provide the tenant in Rotherham with a 'notice of possession'.

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

On top of that, you should consider that you don't need to give any reason to claim possession in South Yorkshire when you hand a legal Section 21 notice.

You can issue your tenant a Section 8 eviction notice in South Yorkshire's Rotherham if the tenant breaches any terms of the tenancy agreement.

The tenant has not paid the rent in Rawmarsh, damaged the property in Wath Upon Dearne or is causing chaos in Rotherham are examples.

So, Section 8 notice is served when the tenant in Rotherham has breached the agreement of tenancy.

However, if your tenant disagrees, the case would then be settled in South Yorkshire court and you may be required to produce a proof of the reason for evicting the tenant.

Both Section 8 and Section 21 notice operate differently to let you recover your property, however, they produce the same result - helping you repossess your property in Rotherham.

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

2. Give A Section 21 Notice With Denbigh Franks's Help

This is not necessarily a notice for eviction, but a proper process to notify the tenant in Rotherham you wish to gain possession of your property in Wath Upon Dearne, Rawmarsh, or Rotherham upon their relocation.

Now, you are to inform the Rotherham tenant that you are ready to take back your property in South Yorkshire, and give a minimum of two (2) months from the date of giving the notice for your tenant to vacate your property at the end of the tenancy agreement.

If an agreed break clause can be triggered to terminate the lease or if the fixed-term lease is over, a Section 21 notice of possession can be served in Rotherham.

Also, you may give it out regardless of whether the leaseholder in Rotherham is complying without you stating any grounds for retrieving your asset in South Yorkshire.

Though, a warning under Section 21 must be delivered properly if you want to be able to enforce it in South Yorkshire court.

As a Section 21 notice needs to be served accurately, the Deregulation Act 2015 made few changes in which tenancies may be ended using the Section 21 process.

In the beginning, this act was only limited to the tenancy agreements in Rotherham on or after 1 October 2015.

But now apply to all leases in South Yorkshire from 1 October 2018 regardless of when it was agreed.

The most significant and valid rules are:

A landlord can't serve Section 21 notice in the first four months of the tenancy with Denbigh Franks's help, however, in the case of tenancy renewal after the end of the fixed term in Rotherham, a section 21 notice can be served at any point.

The Section 21 notice expires 6 months after the date of renewal, but another notice must be served once the possession proceedings in South Yorkshire's Rotherham are not served within the 6-month period.

The tenant in Rotherham has the right to contact the local housing authority after you refused to attend to his complaint's about the condition of your property in South Yorkshire; If the local housing authority issues a notice after the routine complaint, the Section 21 Notice becomes invalid.

Use the correct form you must use Form 6A to create a report under Section 21.

The tenant in Rotherham must also be provided with the following information once they start renting for a Section 21 to be considered as valid:

Certificate of Gas Security

A Power Efficiency Certification (EPC)

The "How-to-Lease" guide, a property owner should serve the notice at the start of the lease period

3. Denbigh Franks Can Serve A Section 8 Notice In Rotherham

You can serve a Section 8 notice in Rotherham, Wath Upon Dearne, or Rawmarsh seeking possession to start the eviction process if you have grounds to evict a tenant in Rotherham.

The grounds for serving a Section 8 eviction notice in South Yorkshire are laid out in Schedule 2 of the 1988 Housing Act.

Below are the most common reasons for evicting a tenant in South Yorkshire's Rotherham:

Rent debts

Property damage

Nuisance

Giving your tenants in Rawmarsh, Wath Upon Dearne, or Rotherham a Section 8 notice you must complete a 'Notice to obtain property possession let on a tenancy that is assured or an occupancy of assured agricultural'.

On the notice, you will have to mention the grounds for eviction in Rotherham and issue the notice two months or two weeks before depending on the terms you are using.

Assuming the Rotherham tenants refuse to vacate your premises within the specified date, the next lawful step is to apply for a possession order from the South Yorkshire court.

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

4. Apply For A Possession Order In Rotherham In South Yorkshire

There are chances that your Rotherham tenant may refuse to vacate your property even after getting the notice from Denbigh Franks, so be prepared to act.

An accelerated possession order is applicable in Rotherham when a Section 21 notice was served, the tenant does not owe you rent and have a written tenancy agreement.

You can use the possession claim that is standard in Rotherham if you have either served a notice under the 8 or 21 sections, or if you want to get back your property in Rotherham, Wath Upon Dearne, or Rawmarsh and claim the tenant's rent arrears at the same time.

Still, if the tenant didn't vacate the property in Rotherham after the expiration of order for possession, the South Yorkshire county court bailiff will be ordered to evict, and it may take a little more time depending on the County court.

Denbigh Franks Eviction Services

Based in Rotherham, 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.