Rescinding Section 21 and Tenants Notice to vacate

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    Rescinding Section 21 and Tenants Notice to vacate

    Hi All

    I am trying to find out how I should formally rescind a Section 21 if in fact I can at all? The situation is that the tenancy finishes July 2015 and I would like to sell the house. I have issued the Section 21 to my tenants but after further consideration and hopefully agreement by them I would like to reverse the Section 21. Can I do this?

    Also, once served I understand they have 2 months notice to vacate but can they vacate earlier and avoid the final months rent? It seems they may try to do this.

    Thanks
    Mark

    #2
    Your Sec 21 cannot expire before the end of the fixed term. If it does, it is invalid.
    Even if you have served a valid Sec 21, the tenant is still oblged to honour their tenancy until the end of the fixed term.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      You don't have to do anything, just don't act on the S21 you have issued.

      The S21 is NOT a notice to quit. It merely allows you to initiate possession proceedings.

      The tenant would need to issue his own notice to you before he leaves but is still liable to the end of the fixed term.
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


        #4
        Originally posted by jta View Post

        The tenant would need to issue his own notice to you before he leaves but is still liable to the end of the fixed term.
        The tenants notice would mean nothing.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Originally posted by thesaint View Post
          The tenants notice would mean nothing.
          True! Modify that to say the tenant must serve notice AFTER the fixed term ends.
          I offer no guarantee that anything I say is correct. wysiwyg

          Comment


            #6
            s21 Notice can't be cancelled per se I assume you served a s21 b( fixed term), which Court will not consider before end od fixed term.
            Either
            1. do nothing but do not submit Court paaers for repo until allowed/required( ie a precautionary s21) to save2 months expiry period
            or
            offer Ts a new 6/12 month AST, at same rent. When the new AST is operational, it voids current s21.
            As others have said current s21 is not a NTQ. It only allows LL to seek repo after fixed term expiry, so Ts would still be required to offer notice of surrender during fixed term or valid NTQ thereafter.
            If you wish Ts to remain, you need to meet face to face to explain your ignorance of s21 law and offer 1 or 2 above pdq. and explain their Notice obligatiions
            Ts cannot be compelled to sign new AST

            Comment


              #7
              Ok so I clearly didn't get the legalities of the S21. My understanding seems to apply more to a periodic tenancy since they do have a fixed term tenancy.

              They seem just as naive as me and motivated to move out now that they know we want to sell the house. I'm happy for them to move out by the end of the 2 month period on the invalid S21 provided they pay rent up until that point. I'm not entirely sure how to best handle this and ensure they do pay for the next 2 months.

              Any advice or experience would be welcome.

              Thanks
              Mark

              Comment


                #8
                You can't issue an s21 notice to take effect during the assured part of a tenancy.
                Based on what you've said, I assume that the tenancy started some time in July 2014 and ends sometime in July 2015.

                The earliest effective date your s21 notice could have would be the date in July 2015.

                If your tenants are happy to move out during the assured period of the tenancy, they are doing you a huge favour.
                You can find or create (or get someone to draft) a deed of surrender, in which they agree to leave on date x and to end the tenancy on that date.
                You would also agree to end the tenancy on that date as part of the same document.

                In theory you can make the deed's surrender dependent on them being up to date with the rent, but that might upset them.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Since my original post the tenants have moved out and i performed the exit inventory. I discovered that in an attempt to cover normal wear and tear to the decor the tenants have part decorated some walls with fresh non matching paint. Why they seriously thought this was a good idea I will never know. I would have been happy to accept the fair wear and tear since they had been in the house 3 years, but instead 2 bedrooms now have random paint roller/brush marks where the paint shade is different to the original colour. In my view they need to be redecorated now. They also left the house unclean.

                  The tenants have lodged a dispute for £8900 even though the deposit was £890 (assumed typo mistake on their part). stating that they want the full amount returned to them.
                  Clearly there will be some cleaning and redecorating costs to be deducted.

                  However, I am a little worried about the way the Section 21 eviction played out. After we served the Section 21 incorrectly we spoke to the tenants and apologized. We told them they could stay and see out the remainder of the term but they then told us they didn't want to stay with the 'grey cloud' of eviction looming so they started to look elsewhere.

                  My questions are:

                  Should I be worried about the incorrectly served S21 being viewed as an illegal eviction even though the tenants decided they wanted to leave anyway?
                  Can I expect the tenant to remain liable for rent until the end of the fixed term given my actions?

                  Thanks
                  Mark

                  Comment


                    #10
                    I don't think you have understood what we told you previously.
                    Even a valid Sec 21 has no effect on the tenancy. They can't give valid notice.

                    You should have updated this thread when you were aware of their intentions, and we would have advised you what to do.

                    Get a quote to give the affected walls a lick of paint, and then return the rest.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                      #11
                      Originally posted by k007030 View Post
                      I discovered that in an attempt to cover normal wear and tear to the decor the tenants have part decorated some walls with fresh non matching paint.
                      Why they wouldn't have used the matched paint that you left them to do the job is beyond me. Instead it sounds like they went to get a random colour of beige and failed. Some people.
                      "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

                      What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

                      Comment


                        #12
                        was a deed of surrender signed - or eg emails/letters exchanged agreeing to their leaving??
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment


                          #13
                          No we didn't have any other documentation.

                          I am assuming then that there are no grounds for illegal eviction. I will look to recover the cost of putting the property back to how it was (less wear & tear)
                          I don't intend to claim for loss of rent up to the end of the fixed term, but it sounds as though I would have grounds to do so.

                          Comment


                            #14
                            You got your property back without cost of repo, for the cost of 2hrs work and can of emulsion for bedroom walls.
                            Most owner-occupiers would prob skim decorate to make it more appealing for viewing.
                            Yes, Ts may be liable for some rent, but they prob only vacated because of the s21 you later wanted to rescind.
                            One reason to serve precuationary s21 at start of T, or only serve when you intend to proceed.

                            Repay full deposi,t or deduct £100 for cost of paint, and leave it at that. IMO

                            Comment

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