PDA

View Full Version : How long does S21 last ?



faisaluk
23-03-2006, 16:59 PM
Hi all,

I've served a S21 during a fixed term tenancy with adequate notice. Posession is required on 25th March.

My tenants have told me they intend to move out on the 25th April, as they are awaiting completion of a build of another property. I'm happy to wait till then, however I want to be sure that if on the 25th April they don't move out I can still initiate an Accelerated Possession Procedure ? How long is a Section 21 valid for ?

Also - on the note of them saying they will move out on 25th April, is there anything I should be getting in writing from them to this effect -- or is it not worth the paper it is written on ?

Thanks.

faisaluk
23-03-2006, 17:13 PM
Ok I'll answer my first question myself. Section 21s have an indefinite life and only cancelled if the landlord gives a fresh tenancy agreement. It's also a good idea to give a new one if the last was served over a year ago.

How about the second question - is there anything I can get in writing from the tenant to help me if they do not move out on the agreed date ? Or is it a waste of time and I'd have to go through the Accelerated Posession Procedure anyway ?

faisaluk
23-03-2006, 17:42 PM
I just had a thought - as I will still be accepting rent from them for another month, could that be considered as accepting a periodic tenancy ?

Technically, there's nothing I can do to stop them paying me rent as they pay it straight into my account - but where would I stand if I tried to evict them on the 25th April ?

LIBERTO
23-03-2006, 17:44 PM
self talk faisal?

lol

faisaluk
23-03-2006, 17:47 PM
Lol. Yeh man, I love the sound of my own voice :D

MrShed
23-03-2006, 17:52 PM
Question 2: No nothing you can really get that will speed up the eviction I'm afraid.

Question 3: I think you have to accept the rent as "mesne profits"....cant remember for definite though.

faisaluk
24-03-2006, 10:38 AM
Thanks. I'm hoping they'll stick to their word, and that there'll not be any problems.