Rescinding Section 21 notice, or not?

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  • james72
    started a topic Rescinding Section 21 notice, or not?

    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.

  • MdeB
    replied
    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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  • jpkeates
    replied
    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.

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  • theartfullodger
    replied
    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!

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  • KTC
    replied
    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.

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  • theartfullodger
    replied
    Only agree extension verbally: In writing might establish new tenancy

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  • jpkeates
    replied
    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.

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