The Housing Act 1988 requires every property owner in Sunderland to notify their tenants to vacate their property in Seaham, Cleadon, or Peterlee by serving them with either a section 21 or a section 8 notice.
You are to simply serve a "Notice of Possession" with Denbigh Franks to the tenant stating your intention to take back the Sunderland property.
This means also you can initiate an agreed break clause at a fixed-term tenancy's end, or the possession of the property in Sunderland, Tyne and Wear, can be taken back.
The reasons of eviction in Tyne and Wear do not have to be mentioned when carrying out a Section 21 notice.
You can issue your tenant a Section 8 eviction notice in Tyne and Wear's Sunderland if the tenant breaches any terms of the tenancy agreement.
For instance, the tenant hasn't paid the rent in Cleadon, damaged the residence in Seaham or is bothering other individuals in Peterlee.
In this case, you can terminate the tenancy fixed term if the Sunderland tenant has breached the tenancy agreement.
However, the tenant can dispute it and it could be taken to court in Tyne and Wear where you will be required to provide evidence of the reason for the eviction.
You can give out both Section 8 and 21 notices simultaneously but independently, although both notices will get you repossession of your Sunderland property.
The Notice of Section 21 is not legally a notice of removal, but a notice to remind the Sunderland occupant that you, the owner, intend to regain possession of the property in Peterlee, Seaham, or Cleadon once they have vacated.
To start with, give the Sunderland tenant a 2-month eviction notice, informing them to vacate your property in Tyne and Wear once the tenancy expires.
A section 21 notice is served in Sunderland when a fixed tenancy term has expired or the agreement includes break to end the tenancy before the agreed period.
In addition, you can issue it even though the tenant in Sunderland has been compliant without providing any reason for recovering your property in Tyne and Wear.
However, the law requires you to properly serve your tenant with a section 21 possession notice for it to be enforced in court in Tyne and Wear.
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.
Initially, these changes only applied to Sunderland leases that were agreed on or after 1 October 2015.
But as of October 1, 2018, the rule now applies to all rentals in Tyne and Wear irrespective of when the lease started.
The important rules you need to know are as follows:
During the first 4 months of tenancy, Denbigh Franks cannot issue a section 21 notice, however, if the tenancy in Sunderland 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 Sunderland, Tyne and Wear are not initiated within 6 months' period.
It is possible when the landlord fails to deal with legitimate complaints about the Tyne and Wear property, because the Sunderland tenant will further refer it to the local housing authority and in that case, any Section 21 notice will be invalid; A section 21 notice will be invalid if housing authority notice is served.
Make sure that you use the appropriate 6A form under Section 21.
The section 21 will not be valid if you didn't provide the following documents to the tenant in Sunderland at the beginning of renting:
A certificate for gas safety
An Energy Performance Certificate
The 'how to rent' guide which must be provided to a tenant at the beginning of any new tenancy
If you have a plausible reason for evicting a tenant in Peterlee, Seaham, or Cleadon, you can begin the eviction process to recover your property in Sunderland, by issuing the tenant a Section 8 eviction notice.
You can take a look at Schedule 2 of the Housing Act 1988 if you want to know the grounds for serving a Section 8 eviction order in Tyne and Wear.
Mostly, tenants risk being evicted in Sunderland in Tyne and Wear because of:
To issue Section 8 Notice in Seaham, Cleadon, or Peterlee, you are required to complete a notice claiming possession of your property let on an assured agricultural occupancy or an assured tenancy.
On top of that, you are required to specify on the notice what clauses of the Sunderland tenancy have been broken and must provide between two weeks' and two months' notice which is based on the clauses you are needing.
Assuming the Sunderland tenants refuse to vacate your premises within the specified date, the next lawful step is to apply for a possession order from the Tyne and Wear court.
If your tenant in Sunderland refuses to leave even after being served with an eviction notice from Denbigh Franks, then you can take the necessary action against them.
An accelerated possession order is applicable in Sunderland when a Section 21 notice was served, the tenant does not owe you rent and have a written tenancy agreement.
If you wish to get your property back in Peterlee, Seaham, or Cleadon and claim rent arrears from the tenant as well, then you can use the standard possession claim in Sunderland and serve either a section 21 or 8 notice.
You may resort to the last resort of using a Tyne and Wear County Court Bailiff to evict the tenant, and you should only resort to this if the tenant failed to vacate your property in Sunderland after the order for possession expired. Note that this process may take between four (4) to six (6) weeks depending on the workings of the County Court.
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