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Harvey0767
22-11-2010, 09:58 AM
Dear All,
A landlord of ours wanted to take possession of a property we manage for them and so a relevant section 21 was served along with the required 2 months notice. About 2 weeks before the expiration of the notice period the tenant was advised by the council to ask if the Landlord would consider allowing them to stay on whilst the council sourced alternative accomodation to which the Landlord duly agreed. That was some 3 months ago and now the Landlord is starting to get fed up and wishes to once again take possession. Am I right in understanding that even though the section 21 and correct 2 months notice period has been served that as the tenant has stayed on beyond this that I must again serve 2 months notice as stated in the agreement? Or is there a lesser period of notice I am able to give?
Thanks for your help.

westminster
22-11-2010, 10:40 AM
A s.21 doesn't become 'void' unless a new tenancy agreement is signed. I would apply for possession now - it's possible the T might argue that by being 'allowed' to stay on this created a new tenancy, but chances are they won't or, if they did, it would fail as a defence. (BTW it was a poor decision to agree to the council's request).

However, are you sure the s.21 was valid and correctly served? If not, please answer the following Qs:


What date (dd/mm/yy) did fixed term commence?
How long was the term?
What date was s.21 served and did you obtain proof of service and keep a copy of the notice?
What was the wording used for the expiry date, and what date did it expire?
If the T paid a deposit, was it protected at the time of service of s.21?

Harvey0767
22-11-2010, 10:48 AM
Hi Westminster,
Thanks for the response. The S21 was served correctly and this was confirmed by the council. The Landlord agreed this request against my advice but it fitted in better with their holiday dates.....
As there is no animosity between all parties is there a recognised "Period" that is acceptable at this stage notice wise. What I dont want to do is alienate the tenant so they do not co-operate but at the same time want to give the Landlord the correct advice. Our council are famous for advising tenants to stay on in situations of dispute and I dont want them to start being difficult either.
Thanks again.

westminster
22-11-2010, 10:57 AM
The S21 was served correctly and this was confirmed by the council.
I would not rely on the council to judge the validity of a s.21.


is there a recognised "Period" that is acceptable at this stage notice wise.

Assuming the s.21 is valid, the LL may apply for possession at any time after the notice expires. No further notice is necessary.

EDIT: But note my point about arguably having agreed a new tenancy - I also recall reading something on a legal blog which may be relevant, I will try to find it and post the link.

westminster
22-11-2010, 11:05 AM
Found it - read the comments too
http://blog.painsmith.co.uk/2010/08/23/after-a-section-21-notice-expires/

Harvey0767
22-11-2010, 11:17 AM
Brilliant,
Thanks for your time.