Rescinding Section 21 notice, or not?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    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).

    Comment


      #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...

      Comment


        #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.

        Comment


          #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...

          Comment


            #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?

              Comment

              Latest Activity

              Collapse

              • Not currently in UK to sign tenancy
                srclinton
                I have new tenants lined up for rental of property. However the lead tenant's nephew will also be living there but lead, who will be sole named on the tenancy, will be out of the country until after the tenancy starts. The nephew will be moving in prior his return with lead tenants permission.
                ...
                21-08-2019, 19:04 PM
              • Reply to Not currently in UK to sign tenancy
                srclinton
                All noted. Thank you all....
                22-08-2019, 22:55 PM
              • Letting agency fees after invoking break-clause
                kaidranzer
                Hi,

                I'm currently in a flat with a one-year fixed term contract. There is a 6-month break-clause in place which allows me to end the agreement / contract with a 2-month notice after 6 months of occupancy.

                I've handed in the notice however, the landlord & letting agency...
                11-11-2018, 23:46 PM
              • Reply to Letting agency fees after invoking break-clause
                Sydney
                Hi kaidranzer,

                I'm looking to invoke the break clause in my contract and comparing the wording, it looks like I'm with the same real estate agency. Please, can you tell me what the outcome was? Did you have to pay the prorated commission? I've invoked break clauses in the past with different...
                22-08-2019, 22:05 PM
              • Damage to wooden worktops - 2 lodgers
                Orangesandlemons
                Looking for some advice.

                I had two lodgers, I asked both of them not to put hot items / leave water on my worktops as they are oak worktops. There is now quite a bit of damage to them - 3 ring marks (looks like a mug / bowls or pan), and other water damage near the sink. Neither lodger...
                22-08-2019, 20:50 PM
              • Reply to Damage to wooden worktops - 2 lodgers
                AndrewDod
                - If you don't know who it was I can't see that you can charge anyone, but you seem to be wanting to charge one who you know was not responsible for at least part of it.

                On the holes in the wall - it depends a little on the state of the decor and wall covering. If it is a very luxurious...
                22-08-2019, 21:31 PM
              • Sub-tenant refuses to pay rent
                Joe.K
                Hello, I'm a lead-tenant (sub-lessor) renting the entire flat from my landlord and subletting the other two bedrooms to subtenants. The landlord is aware and approved this.
                The current sub-tenant of one of the rooms moved in 20 days ago, however he didn't sign the contract I sent him (a two months...
                20-08-2019, 23:37 PM
              • Reply to Sub-tenant refuses to pay rent
                Joe.K
                Just an update: bearing the legal limitations in mind, I presented him with two options for him to choose from: move out of the flat at the end of the month (so essentially a 9 day notice), or pay the full rent for September. I assertively told him he's not welcome here, that my preference is the first...
                22-08-2019, 20:51 PM
              • Agent ignoring periodic option
                oakhill
                My last tenant stayed for about 7 years, the last 6 being a periodic tenancy.
                I haven't asked the current tenant but in view of his circumstances I think he will want to stay on at the end of his 1 year tenancy.
                I've now received the following from the Agent, abbreviated to just the relevant...
                21-08-2019, 23:11 PM
              • Reply to Agent ignoring periodic option
                doobrey
                Agreed ; good idea. Having it in an email helps because it is there in black and white. Persist, and if you get fobbed off, escalate the query. If agent has made such as assertion they should be able to justify it....
                22-08-2019, 20:22 PM
              Working...
              X