If you wish to remove Wigan tenants from a rental property in Wigan, Ashton-in-Makerfield, or Skelmersdale, you have to serve them a Section 8 or Section 21 notice as per the Housing Act of 1988.
Section 21 of the Possession Notice is served by Denbigh Franks to provide the tenant in Wigan with a 'notice of Possession'.
It is the legal procedure to evict your tenant and recover your leased property in Wigan, Greater Manchester, at the tenancy's end.
The important thing is that serving an authentic Section 21 notice in Greater Manchester does not require that you provide any reasons to claim possession.
A section 8 notice is served by the landlord or landlord's agent in Greater Manchester's Wigan when they have valid grounds to evict the tenant from their property.
For example, if the tenant is causing a nuisance in Wigan, damaging the property in Skelmersdale, or has not paid the rent in Ashton-in-Makerfield.
When any of these happens, the lease can be terminated during its fixed term if the lease agreement has been violated by the Wigan tenant.
If your tenant disputes this eviction notice, you will have to go to court in Greater Manchester and prove your case with evidence.
The orders can be served for separate reasons, without any connection to each other, to achieve the same result which is to possess your Wigan property.
It's worth clarifying that the Section 21 Notice isn't an eviction notice, it is there to inform the tenant in Wigan of your decision to take back your property in Ashton-in-Makerfield, Wigan, or Skelmersdale at the end of the fixed-term tenancy agreement.
The first move is to let the Wigan occupant realize for no longer than two months that you need them to leave the premises in Greater Manchester at the end of the tenancy.
A section 21 notice is served in Wigan 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 Wigan 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 Greater Manchester back.
However, you must ensure that the Section 21 notice is served in accordance with the rules before it can be enforced in the Greater Manchester court.
There are some changes introduced through the Deregulation Act 2015 if you are planning to use the Section 21 procedure to end tenancies.
The act initially applied in Wigan to agreed or rented tenancies on or after October the 1st 2015.
As of 01 October 2018, it is applicable to all tenancy agreements in Greater Manchester.
The most significant and valid rules are:
A Section 21 notice cannot be served by Denbigh Franks within the tenancy's first four months but if following the fixed term's end, the tenancy in Wigan has been renewed, during the renewed tenancy you can serve a Section 21 notice at any point.
A Section 21 notice is valid for the first six months of its issuance, and if the proceedings of possessions in Greater Manchester's Wigan are not given within the six-month duration, another notice will need to be issued.
If you don't deal with a legitimate complaint about the Greater Manchester property by the tenant, the tenant in Wigan is permitted to refer the case to the local housing authority; Section 21 notice issued after referring the complaint to the local housing authority is invalid.
Use the correct form you must use Form 6A to create a report under Section 21.
The tenant in Wigan must be given some details once they begin renting for a Section 21 to be legitimate, which include:
A Gas Safety Certificate
An Energy Performance Certificate (EPC)
Government's guide on How To Rent, for the beginning of every new tenancy
You can begin the process of eviction in Skelmersdale, Wigan, or Ashton-in-Makerfield by issuing a section 8 notice if you have one or more grounds for eviction in Wigan.
The basis for the notice in Greater Manchester is in Schedule 2 of the Housing Act 1988.
The common valid grounds in Wigan in Greater Manchester are:
Damage to the property
To give your tenants in Wigan, Skelmersdale, or Ashton-in-Makerfield Section 8 notice, you must fill in a 'Notice seeking possession of a property let on an assured agricultural occupancy or an assured tenancy.
You have to mention on the notice that what terms of lease your tenant in Wigan has violated and notice ranging from 2 weeks to 2 months must be given which depends on the terms of agreement you rely on.
However, if your Wigan tenants do not leave by the specified date, then you can apply to the court in Greater Manchester for a possession order.
You may act if the occupant in Wigan refuses to vacate your premise following an eviction notice served with Denbigh Franks.
An Accelerated Possession Order can be utilised in Wigan if a Section 21 Possession Notice has been served, there is a written agreement, and there are no overdue rents.
Feel free to use standard possession order in Wigan if you wish to get back your property in Skelmersdale, Wigan, or Ashton-in-Makerfield or have issued a section 21 or 8 notice and still demanding rent arrears from your tenant.
If the tenant in Wigan remains at the expiration of the possession order, the Greater Manchester County Court Bailiff may evict the tenant on your order, a court hearing may come up if your tenant raises a serious objection or if your paperwork is out of order, and the entire process should be over within six and ten weeks.
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