Extending a fixed term for a short period

[Rooftile]

We have a tenant who’s fixed term ends on 12 July 2006. A section 21 was served early on in this fixed term just in case the landlord wanted possession. The landlord has now allowed the tenant to remain in the property until 23rd August when they require possession. Whats the best way to deal with this. Can the fixed term be extended until 23rd August and if so do we have to issue a new section 21?

[Paul_f]

Service of a S.21 Notice merely states that you are seeking possession, and to make it effective must issue court proceedings. If the tenant stays until late August then you wouldn't need to do anything, but your Notice is still valid should they not move out on the said date. I would not be seen to be granting any new tenancy period and should make clear that any money you collect is not as a result of granting an over-riding lease.

The worse case scenario is that the tenancy would be seen as a peridoic tenancy, for which you might have to serve another S.21 (4)(a) Notice, but as a S.21(1)(b) Notice has already been served, I think you are covered anyway. If they fail to vacate on 23 August that's when you would need to issue court proceedings.

[Rooftile]

Thanks Paul f,

When you say - 'you should make clear that any money you collect is not as a result of granting an over-riding lease'.

Would I therefore accept any rent paid for this period as Mesne Profits?