s21 Notice rescinded if rent received after end of fixed term?

[M Clavell]

I recently issued a s21 notice seeking possession after 31.5.20. The notice was issued in early March, i.e. before the new (3 month) rules came into effect on 26.3.20. If the tenant ignores the notice and remains in the property after 31.5.20, but also pays rent monthly (i.e. as in a Statutory Periodic Tenancy), is the s21 notice effectively rescinded? In other words, is it a choice between:
(a) accepting the rent and losing the notice and
(b) not accepting the rent and retaining the power to evict (as and when evictions can take place again) and recovering lost rent via the eviction process?
Or, does the s21 notice remain in place irrespective of whether monthly rent has been paid?
Comments would be appreciated.

[jpkeates]

You can't rescind a s21 notice.
You can either escalate it to court or not.
Or it expires seven months (usually 6) after the date it was served.

s21 notices are a no fault (no reason) notice, so the situation with rent doesn't really matter.

[M Clavell]

Thanks for your prompt reply.
I would have thought that, if for example you entered into a new AST with the tenants after issuing a s21 notice, the notice was automatically rescinded?

[cymro123]

A Section 21 cannot be rescinded.
a. Accepting rent after the notice was issued or notice period expires does not affect the validity or expiry of the notice
b. Not sure how you would be able to not accept rent - whether you receive rent or not has no effect on the notice and a Section 21 does not give you any power to evict a tenant

Yes - However for a Section 21 to remain valid for an Assured Shorthold Tenancy granted or renewed on or after 1 October 2015 possession proceedings must be commenced within:

• six months of its service on the tenant, or
• four months of the expiry date of the section 21 notices for periodic ASTs where the period of the tenancy is greater than two months, for example, a quarterly periodic tenancy.

[cymro123]

Thanks for your prompt reply.
I would have thought that, if for example you entered into a new AST with the tenants after issuing a s21 notice, the notice was automatically rescinded?

If you have issued a notice seeking possession of a property why would you grant a new tenancy it does not make sense?

[M Clavell]

In view of the coronavirus situation, and its development since I gave the original notice (with additional announcements about house moves being delayed etc), I have offered a new fixed term tenancy. It is my guess that the tenant may come back suggesting a periodic tenancy - hence the original query.

[JK0]

In view of the coronavirus situation, and its development since I gave the original notice (with additional announcements about house moves being delayed etc), I have offered a new fixed term tenancy. It is my guess that the tenant may come back suggesting a periodic tenancy - hence the original query.

I hope you know what you're doing.

[KTC]

I would have thought that, if for example you entered into a new AST with the tenants after issuing a s21 notice, the notice was automatically rescinded?

Agreeing a new tenancy is not the same thing as accepting rent on an existing tenancy or a statutory periodic tenancy arising at the end of a fixed term tenancy.

Or it expires seven months (usually 6) after the date it was served.

It's still six months. Coronavirus Act haven't change that.

[M Clavell]

JKO - your response seems somewhat ominous. What is the point that you’re making?

[JK0]

JKO - your response seems somewhat ominous. What is the point that you’re making?

That giving a new tenancy means you can't get them out for at least 6 months.

[jpkeates]

It's still six months. Coronavirus Act haven't change that.

Did it not?
They said it was going to.

[KTC]

No, the only changes to s21 are to change the three occurrence of "two months" to read "three months". No amendment to subsection (4D).

[jpkeates]

Well.
Bastards.

Sigh.

[M Clavell]

JKO - I see the point that you are making. However, I originally gave notice as I wanted to sell, not because of problems with tenants. With coronavirus, the situation has changed for both parties - the tenants can’t move and, even if they could, in all probability, I wouldn’t be able to sell. It suits both parties to renew or go on to a periodic tenancy.