If you are planning to let your Tamworth tenant know that they should leave your property in Coton, Belgrave, and Amington, there is a necessity to serve section 8 or section 21 under the 1988 Housing Act.
When it comes to giving a 'notice of possession' to the tenant in Tamworth, you're supposed to get Denbigh Franks to send a Section 21 notice of possession to them.
Meaning at the tenancy agreement that is fixed-term's end you can repossess your property in Staffordshire's Tamworth, or trigger a break clause that is agreed.
The reasons of eviction in Staffordshire do not have to be mentioned when carrying out a Section 21 notice.
A section 8 notice is served by the landlord or landlord's agent in Staffordshire's Tamworth when they have valid grounds to evict the tenant from their property.
It is ideal for defaulting tenants in Coton or those damaging your property in Amington, or those making a nuisance in Belgrave.
In any of those cases, you will be able to end the tenancy in Tamworth throughout its fixed term in case the tenant has broken the tenancy agreement.
However, the tenant may dispute the eviction notice which could result in filling a possession order in the Staffordshire court where you will be required to provide proof of your claim.
You can give out both Section 8 and 21 notices simultaneously but independently, although both notices will get you repossession of your Tamworth property.
A Section 21 notice is not an eviction notice but used to inform the Tamworth tenant that the landlord wants to repossess the property in Amington, Belgrave, or Coton immediately they move out.
The first move is to let the Tamworth occupant realize for no longer than two months that you need them to leave the premises in Staffordshire at the end of the tenancy.
You can serve a Section 21 notice of possession in Tamworth if a there is a break clause that can be triggered or if the fixed term of the tenancy has come to an end.
In addition, you can issue it even though the tenant in Tamworth has been compliant without providing any reason for recovering your property in Staffordshire.
However, the law requires you to properly serve your tenant with a section 21 possession notice for it to be enforced in court in Staffordshire.
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.
Initially, it only applied to Tamworth lease agreements during or after 1st Oct. 2015.
However, the Act, after 1st October 2018, is inclusive of all Staffordshire tenancies.
Take note that:
Denbigh Franks cannot serve a Section 21 notice within the first 4 months of lease; however, if the tenancy in Tamworth is renewed when a fixed term is over, a Section 21 notice can be served at any time during the lease renewal.
Also, a Section 21 notice is enforceable for only six months from the date they issue it, but if you fail to send possession proceedings in Tamworth, Staffordshire in six months period, you must serve the tenant another notice.
A section 21 notice cannot be served if tenants in Tamworth have complained about the conditions of the building and no response was provided by the Staffordshire landlord; Issuing a notice after a complaint about the premises will not be considered especially if you get served with a Local Housing Authority notice.
You need to make use of Form 6A in case you want to issue a Sec.21 notice.
Before, a Section 21 notice you serve can be valid, you must give your Tamworth tenant the following information when they rent your property:
A certificate for gas safety
Energy Performance Certificate (EPC)
The 'How to Rent' guide must also be given to a tenant at the beginning of any new tenancy
If you have reasons to evict a tenant in Coton, Belgrave, or Amington, you can start the eviction process in Tamworth by serving a Section 8 notice asking for possession.
Section 8 orders for the grounds of eviction in Staffordshire are set out in schedule 2 of the Housing Act 1988.
Some of the reasons why you should evict a tenant in Staffordshire's Tamworth are:
Destruction of the property or poor shape
Causing nuisance to the neighbours
To issue Section 8 notice to a tenant in Coton, Amington, or Belgrave, fill a "Notice requesting possession of a property let on an assured agricultural occupancy or an assured tenancy."
Depending on the terms and conditions of the Tamworth tenancy, you'd have to provide them between 2 weeks' and 2 months' notice to the tenant and you'd also have to mention terms that the tenant has breached.
Assuming the Tamworth tenants refuse to vacate your premises within the specified date, the next lawful step is to apply for a possession order from the Staffordshire court.
If your occupant in Tamworth refuses to leave after you have received a notice of removal with Denbigh Franks, you can act.
An accelerated possession order is applicable in Tamworth when a Section 21 notice was served, the tenant does not owe you rent and have a written tenancy agreement.
You can apply the standard claim for possession in Tamworth if you served either a section 21 notice or notice of section 8, or wish to claim from the tenant rent arrears, and alongside this get your property back in Coton, Belgrave, or Amington.
On top of that, in case the tenant doesn't leave the property in Tamworth after the order has been expired, it will be needed to instruct the Bailiff of the County Court of Staffordshire to evict, which can take from four to six weeks or even longer depending on the court.
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