Rescinding Section 21 notice, or not?

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    Rescinding Section 21 notice, or not?

    Hi, Struggling to decide what's best with this one. I have served notice on a tenant because we are wanting to sell the property. The tenant has now asked that we give them more time to find a new property to rent. I am happy to let them have another month so.... can I rescind the notice given and serve a new Section 21 or should I let the notice play out and then set up a new contract for a month? Thanks in advance.

    #2
    You can't rescind a section 21 notice, so it's academic.
    The notice doesn't end the tenancy, so it can simply carry on.

    Agree that the tenant can have an extra month or so (if that's what you want), and you can start eviction proceedings without any issue, providing you don't delay beyond six months since the notice was served.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      Only agree extension verbally: In writing might establish new tenancy
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #4
        I don't see how. The s21 doesn't end the tenancy, and it's hard to argue that there's unequivocal acts by both parties inconsistent with the continuation of the existing tenancy for an implied surrender.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

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          #5
          Usually yes I agree: But depending how a landlord words the "yes I agree .." might be, at the very least, used to argue in court or possibly get s21 chucked out entirely... e.g. (extreme example..) "yes I agree to just a one month tenancy...."

          It seems unwise to put things in writing.... But, hey, free country!
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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            #6
            Originally posted by theartfullodger View Post
            Only agree extension verbally: In writing might establish new tenancy
            I always agree extensions using interpretive dance, all those pesky words just get in the way.

            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Originally posted by jpkeates View Post
              I always agree extensions using interpretive dance, all those pesky words just get in the way.
              And do you waggle your bum whilst walking in a particular direction?

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