Notice given can tenant leave?

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  • Notice given can tenant leave?

    Am i right in saying thet if a tenant (periodic) has been served a section 21 notice, correctly, they can leave at anytime? They do not have to give a months notice, and can infact just up and go the next day?

  • #2
    If the notice has expired, yes.


    • #3
      As I understand it, if a section 21 notice has been served, a tenant can leave at any time. The notice does NOT have to expire and the tenant only needs to pay rent up to the time he leaves. A landlord cannot have it both ways. He cannot say to a tenant I want you to leave, and you must leave on a specific day or pay rent up to that date. Once the notice is served, a tenant can leave at any time to suit his convenience up to the date that the notice expires. Then, and only then, can the landlord start the legal wheels slowly grinding for an eviction.

      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.


      • #4
        The tenant can leave at any time after you have give notice


        • #5
          Well you learn something new every day eh?

          One Housing Association I worked for used to issue the Section 21 at the same time as the tenancy so that they could sign for it and they knew they could get possession if they wanted it. So, the tenants could have moved out at any time then without giving notice? Interesting.


          • #6
            That is cynical!

            I used to joke that we should serve a NOSP at sign up to save time later

            Just fill in the arrears when they occur.....


            • #7
              I posted an S8 and S21 to my tenants 2 months ago. I have now instructed solicitors to proceed with taking reposession of the property and to have them evicted.

              However, I discovered yesterday that my tenants (who are now over 3 months behind on rent) may have had their stuff shipped to Zimbabwee 4 weeks ago (where they are originailly from) and have moved out (they have not been seen by neighbours since).

              Am I able to go in a take reposession of the property now and change the locks or do I have to wait for a court date (which will take another 6-10 weeks)? The problem I have is that I cannot contact the tenants to find out where they are and if they have left. All their stuff has been removed from the property but their STA does not expire for another 2 months.


              • #8
                Thanks guys, though that was the case.


                • #9
                  Plusabit! This was all in one of my recent "Question Time" posts, and the answer would have given you all this information without having to ask the question in the first place!
                  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.


                  • #10
                    Sorry Paul !!!!


                    • #11
                      Just looking through some posts and found this thread

                      So you were all debating the validity of the S21, without mentioning that the tenant could just move out at any time then. Those recommending it as good practice were wrong.


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