tenant served sec 21 but has already said they will not move out

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  • tenant served sec 21 but has already said they will not move out

    The section 21 was issued 10 days ago and gave tenant over 2 months notice. Tenant has said she will not move out in 2 months as cannot find anywhere in that time.
    I will be moving back into the property and my tenancy will have expired so in a little bit of a sticky situaiton.

    There are plenty of properties to let in the area.
    Is there anything I can do now?


  • #2
    No. If the Notice was correct in all respects*, you must wait for its period to expire.

    * plus:
    a. any protectable deposit must have been protected (with one of the three schemes); and
    b. any registrable HMO must have been registered (with Local Authority).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).


    • #3
      Originally posted by gripton View Post
      There are plenty of properties to let in the area.
      Is there anything I can do now?
      Your post implies you are renting one property and letting another. If this is the case, and the fixed term of your current tenancy has ended, then you could continue on a periodic basis (assuming it's an AST in England or Wales), or find somewhere else.

      If the T will not move out in approx. 2 months, then you will have to go through the eviction process -there are no shortcuts.
      The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .


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