S.21 served, can I still accept rent if T doesn't leave?

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    S.21 served, can I still accept rent if T doesn't leave?

    I have served a S.21 Notice which expires in 2 weeks, but the tenant hasn't been paying rent since the Notice was served. If he hasn't left by the required date I shall be applying to the court for possession (applying the day after he is supposed to leave).

    My question: if he hasn't left by the required date, can I still accept rent if he offers, or would this imply a new AST (even if there are proceedings underway to evict him)? Remember that he owes several months rent anyway, so could I claim it covers that time? He probably won't offer, but I need to be prepared in case he does...

    Thanks for any advice.

    #2
    The s.21 Notice does not end the tenancy; it merely tells T that L seeks vacant possession.
    So you're quite safe in continuing to demand/accept rent.
    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).

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      #3
      No, accepting rent will not invalidate the S21.
      Whether it is for arrears, or to keep up to date within a periodic tenancy.

      If he owes several months rent, also issue a sec 8 notice. If you have issued the sec 21 correctly you need not act on it, but it's there just in case.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

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        #4
        Thanks, both of you.

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