Interesting question re: s21 NOTICE

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  • Interesting question re: s21 NOTICE

    On another rental forum, a tenant has been served with a S21 because the LL wants to sell his property.

    Does the tenant have to stay until the expiry of the S21 OR can the tenant now leave early without giving his one months notice?

    The Letting Agent is saying that the tenant can not leave without the tenant giving a one months notice and must stay in the flat even though he has been asked to leave.
    ASSUME NOTHING - QUESTION EVERYTHING!

  • #2
    Once an S 21 is served, a tenant can leave early, paying his rent up to the time he vacates the property. I don't think this applies however during the original fixed term of the AST agreement.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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    • #3
      Originally posted by P.Pilcher View Post
      Once an S 21 is served, a tenant can leave early, paying his rent up to the time he vacates the property. I don't think this applies however during the original fixed term of the AST agreement.

      P.P.
      Thanks P.P. Does the tenant still have to give his one months notice? Or is the fact that a S21 has been issued invalidate the tenants obligation?
      ASSUME NOTHING - QUESTION EVERYTHING!

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      • #4
        The section 21 notice becomes effective after a specified date and that date cannot be before the end of the fixed term . All landlord notices must be served to ensure that they provide sufficient notice before the effective date (typically two months)

        The tenant will be liable for rent up to the effective date and until he/she vacates the property.

        Once the effective date has been reached the tenant can leave at any time without giving notice.
        Vic - wicked landlord
        Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
        Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

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        • #5
          I believe the original enquiry was regarding the tenant leaving before the expiry of the s21.

          Presumably, the tenant would need to give notice in this instance. (assuming not during a fixed term)
          Now signature free.

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          • #6
            Round the houses a bit here.

            Tenancy dates would have been helpful, but if the tenancy is periodic, the tenant can leave at any time, without the month's notice.

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            • #7
              Originally posted by RichieP View Post
              Round the houses a bit here.

              Tenancy dates would have been helpful, but if the tenancy is periodic, the tenant can leave at any time, without the month's notice.

              Evidently, the original AST was 6months. They have been in a periodic for the last two years and have now been served with the S21. The tenants have a new place to go to, but the new LL won't hold the place for more than a week.

              However, the tenants current Letting Agent is trying to hold them to a months notice, which means the tenants will lose their new home.

              As a landlord myself, I find this unfair of the old landlord and I really want to be able to tell the tenants to just move, but also don't want them breaking any covenants on my statement.
              ASSUME NOTHING - QUESTION EVERYTHING!

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              • #8
                For what its worth Paragon, I totally agree with Richie on this one(and Pilcher!). In fact a good while back, there was a post from PaulF on the matter, stating the same thing.
                Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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                • #9
                  Originally posted by MrShed View Post
                  For what its worth Paragon, I totally agree with Richie on this one(and Pilcher!). In fact a good while back, there was a post from PaulF on the matter, stating the same thing.
                  Your comments are worth a lot. Thank you all. I will relay your comments to the other forum which is this one. Please join us.

                  http://forums.moneysavingexpert.com/....html?t=383150
                  ASSUME NOTHING - QUESTION EVERYTHING!

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