Landlords need to factor in these points if they wish to end a periodic AST in Rayleigh, Canvey Island, or Rochford.
For a contractual periodic AST, you should follow the requirements that are written in the contract for Southend-on-Sea, and in case you are not sure about the contents in the contract, you can seek legal advice before moving on
The landlord in Southend-on-Sea must give the tenant two months' notice at least, which expires on the last day of a rental payment period if it's a statutory periodic AST, for instance, if a rent period in Essex runs from the 2nd of September to the 1st of October, the end of the tenancy date that will be stated in the notice must be on the 1st of October
However, the following points must be considered, if a Southend-on-Sea landlord wants to end an AST of the fixed term before the term expired.
In the case where the tenancy agreement has that provision, then the Essex landlord will be legally bound to possession
They could activate the break clause in the agreement, provided there is one, and then use a Section 21 notice, otherwise property owners in Rochford, Canvey Island, or Rayleigh cannot use the section 21 notice if they wish to end a tenancy during a fixed term
If Southend-on-Sea landlords can proof they have possession grounds (such as arrears of rent), then using a Section 8 notice they can then seek possession
The following three steps will guide you on how to evict a Southend-on-Sea tenant.
To seek possession, Section 8 notice is used in Canvey Island, Rochford, or Rayleigh, and it is sent to the tenant if one or more clauses of the agreement have been violated by him.
Serve the Section 8 notice in Essex's Southend-on-Sea, especially when the tenant is defaulting in payment.
To serve a section 8 notice to the tenant in Canvey Island, Rochford, or Rayleigh, who is not paying the rent, is generally the first step to evict a tenant.
In case your tenant has not paid rent for more than two months and there are no exceptional conditions, the Southend-on-Sea court will most likely be on the landlord side.
Note that you can get a possession order in Southend-on-Sea at any time during the tenancy.
In case failure by the tenant in Southend-on-Sea to clear rent arrears and/or vacate the property in Essex on the expiry of section 8 notice, then this will be a matter of the court injunction.
A minimum of 8 weeks rent must be owed by the tenant in Rayleigh, Rochford, or Canvey Island before a valid ground of possession can be claimed by the landlord.
If a landlord serves a Section 8 notice for possession and rent overdue, a judge in Southend-on-Sea will preside over the court hearing.
If the landlord in Rayleigh, Rochford, or Canvey Island cannot be present at the court hearing, an agent would then be appointed to act as a proxy for them during the hearing in Southend-on-Sea.
In addition, the agent or landlord must be completely experienced with the Essex tenancy and have all important documentation ready, like the tenancy accord and an updated schedule of debts.
In case the tenant pays all the debts before the court hearing in Southend-on-Sea, then it is improbable that a landlord will receive a possession order.
However, if the claim is deemed valid by the court in Essex, a 14-day possession order is granted to the landlord by the judge.
The tenant in Rochford, Rayleigh, or Canvey Island will need to leave within 14 days of the court hearing in Southend-on-Sea.
However, the landlord will need to instruct a Denbigh Franks bailiff for the eviction if the Southend-on-Sea tenant doesn't leave.
Also, the Essex court may grant a judgment for the arrears of rent, and the landlord can also make claim interest and costs.
If the tenant in Southend-on-Sea does not leave the property before the possession order expires (normally, 2 - 6 weeks) then the services of a Essex County Court bailiff must be availed to conduct the eviction.
It may take another 6 weeks in Southend-on-Sea to apply for an eviction warrant.
Generally, 4 to 6 months are required to get possession of the property in Canvey Island, Rochford, or Rayleigh through Essex Courts.
However, it is always encouraged that the Essex landlord solves the issues with the tenant in Southend-on-Sea outside court, and this will help them to get away from the drilling process of eviction, although, the court road is very tough and can take a longer time.
Yet, this is normally not easy for property owners in Southend-on-Sea to settle their grievances with tenants, particularly if the owner depends entirely on the rent to service a loan.
In that case, landlord should take an action as quick as possible for minimizing the losses.
Whereas, if you are planning to harass your tenant to get the possession, this is not the right thing to do in Canvey Island, Rayleigh, or Rochford.
You'd have to pay heavy fines if you're charged for harassment in Southend-on-Sea.
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