Can Tenant remain after Section 21

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    Can Tenant remain after Section 21

    Hi All

    Looking for a bit of advice. I've decided to try and sell the house that I am renting out. I started renting it when the housing market collapsed and I was unable to sell. The tenant has been excellent and were I to continue renting, I would be more than happy for them to stay. The tenant is aware of the situation and has been really co-operative. I am about to serve a Section 21(4) notice which they are expecting to receive.

    My question is this:- what are the legal ramifications of allowing the tenant to remain in residence after the notice period whilst the house has not sold?

    Thanks for any advice
    Keith

    #2
    A section 21 notice does not bring a tenancy to an end. You can allow the tenant to continue in occupation (indeed you cannot really do otherwise if he does not go) and carry on collecting rent. Once the notice has expired you can apply to the court for an order for possession if the tenant has not left.

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      #3
      Originally posted by keiroha View Post

      My question is this:- what are the legal ramifications of allowing the tenant to remain in residence after the notice period whilst the house has not sold?
      It's a s.21(4)(a) notice (for periodic ASTs).

      A s.21 notice does not end the tenancy, nor oblige the T to leave, it merely entitles the LL to apply to the court for possession after the notice expires. The LL has no obligation to apply for possession and, until he obtains and enforces a possession order, the tenancy just continues as before.

      Note that, if T paid a deposit, and if the tenancy was created or renewed on or after 6th April 2007, then the deposit must be protected before LL can serve a valid s.21 notice.

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