How do I extend a Section 21 Notice?

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    How do I extend a Section 21 Notice?

    I used a Section 21 notice for a tenant who has been behind in her rent for months. According to the notice, she was due to move out at the end of April. However, she approached a housing charity, who asked me to give the tenant a 2nd (more like 4th) chance and assured me that the tenant would pay in full in future and the arrears repaid over a period of months. Unfortunately, just 2 weeks in, it seems that I have been naive as the rent for May is short and I am now not confident that this situation can be sorted. So, my question is: what notice do I now have to give this tenant to get her out? Is my original Section 21 valid and, if so, what do I have to do next? If it is not valid, what notice do I know have to give? Many thanks for your advice.

    #2
    Originally posted by JAG2 View Post
    I used a Section 21 notice for a tenant who has been behind in her rent for months. According to the notice, she was due to move out at the end of April.
    A s.21 notice is not a notice to quit; it does not end the tenancy nor does it oblige the tenant to move out. It merely entitles LL to apply for possession after notice expiry.

    However, she approached a housing charity, who asked me to give the tenant a 2nd (more like 4th) chance and assured me that the tenant would pay in full in future and the arrears repaid over a period of months.
    It's possible (but by no means a certainty) that you've invalidated your notice, depending on what you said/wrote when you agreed not to proceed with applying for possession. However, I would chance it and apply immediately. S.21 notices don't have a 'sell by' date and in theory can be actioned indefinitely after notice expiry.

    Are you 110% sure that the original notice was valid? i.e. dates absolutely correct, proof of service obtained, copy kept, deposit protected and prescribed info provided to T etc.

    Comment


      #3
      We need to know the start and end dates of the fixed term if applicable before any more accurate advice can be given.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


        #4
        Originally posted by Paul_f View Post
        We need to know the start and end dates of the fixed term if applicable before any more accurate advice can be given.
        In particular, there are different rules depending whether the Notice is served:
        a. during fixed term [s.21(1)(b)]; or
        b. after expiry of fixed term [s.21(4)(a)].
        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).

        Comment


          #5
          What does the housing charity have to say?
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment

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