Section 21 - can tenant leave before two months notice is up

[Seftonsefton]

Hi there

I recently gave notice via form 6a to my tenants with the two months notice being up on 15 January 2022.

I gave notice because I want to sell the flat in the middle of next year, but fully expected a protracted eviction because the tenants are unemployed and rely on the council (rent is paid directly to me so I’ve never had a problem with payment). I figured I’d have to go to court etc and get bailiffs because the council wouldn’t help them until this stage.

However it looks like my tenants might be successful in ‘self sourcing’ another private rental which is available I immediately. They are implying this means they might leave before Christmas. This leaves me with a void much earlier than I anticipated!

Are they entitled to just leave once served a section 21, or do they have to wait until the notice expires and/or give me notice if they wish to leave early?

[DPT57]

If they wish to leave they should serve you a valid Notice to Quit. Read your tenancy agreement for details on how they should do this.

[theartfullodger]

They can leave any time they like (eg today, 19:37), but may remain liable for rent.

You'll appreciate of course that your s21 does not end tenancy nor compel tenant to leave. Did you explain (email, verbally, woteva...) that you didn't want them gone before mid-2022 please?

In theory a tenant should also serve an NTQ on you/agent . Did they? Was it valid? Did you accept it, please?

IMHO many prudent landlords would just let them go & start marketing a bit earlier than planned.

[Seftonsefton]

I did not explain to them I didn’t wanted them gone until mid next year because I was worried they could use this against me with the council / court, eg implying I’m not serious about their leaving or giving them misleading information.

They have not served me with any notice and don’t think they believe they need to.

I don’t want to market the property earlier because selling over Christmas / in January isn’t a good time. I want them to stay in the flat so I keep getting rent direct from DWP until mid next year.

[jpkeates]

The tenancy can be ended by the tenant serving valid notice, but what that would be would depend on where they are in the tenancy, and it would be a minimum of a month, so before Christmas won't be an option (unless they've already done it).

I'd probably just count my blessings, you don't have to wait, don't have any of the stress and it's quite possible the tenant would simply have stopped paying rent anyway.

Did you not talk to them about your plans?

[Seftonsefton]

Thanks for all the help so far but I don’t think you understand my situation properly:

I am a private LL but my T is on benefits/housing allowance so I get the rent paid directly to me from the DWP. So there’s no option for them to ‘just stop paying me rent’

[ash72]

I would let the T go, after all you wanted them to go, so don't worry about a month or so, as if they didn't and you ended up taking the mater to court it could be months until you get possession.

[landlord-man]

Gotta love this type of LL.

Everything must work exactly to his timescale and stuff what anyone else might want.

FFS your a LL so accept the pitfalls too.

I guess its one more clueless selfish LL gone onve you do sell - that assumes you will sell according to your timescale of course.

[theartfullodger]

There is absolutely no difference from their being in receipt of HB/UC .

So you think benefits will still keep being after they've gone and are claiming elsewhere? And never heard of tenants having their benefits stopped due to late or wrong paperwork or fraud? Or tenant instruction to benefits to stop paying landlord and start paying tenant?

Artful: In receipt of 6 benefits, thank you you generous taxpayers you. (Old..)

[jpkeates]

Thanks for all the help so far but I don’t think you understand my situation properly:

I am a private LL but my T is on benefits/housing allowance so I get the rent paid directly to me from the DWP. So there’s no option for them to ‘just stop paying me rent’

ROFL.

If they move out, the rent will stop automatically (or be reclaimed by the DWP if paid).

The tenant can stop the rent being paid to you anytime.

You’ve given them notice telling them to leave in 2 months and they’re trying to do what you said to do. You made this happen and seem to be trying to blame the tenant.