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View Full Version : Does rent stop when tenant leaves under s.21 Notice?



bravachick
20-09-2006, 15:12 PM
Hi the sec 21b that i was given is due to expire soon, because we have no where else to move and the council have told us to stay put till they re home us,,,

The last months rent which i paid will cover us to the end of notice, do i have to pay rent after this time as my landlord will then have to apply to court to evict us.
Im only asking as i dont no my rights in this.

thanks in advance.

jeffrey
20-09-2006, 15:19 PM
Distinguish between "term" and "tenancy".
Term= fixed term granted (now being formally ended, it seems).
Tenancy= term + continuation by law. Even s.21 might not immediately end tenancy. If you remain at property, you are either impliedly relying on tenancy still running (so rent still payable) or you become a trespasser.

Worldlife
20-09-2006, 17:50 PM
The tenancy does not come to an end until the tenant leaves the property in compliance with the S21 notice, or if the S21 notice is not complied with, until the date on which the landlord regains possession by Court order.

The tenant is liable for rental payments up to the date the property is vacated and if unpaid these rentss will be recovered by legal action

A tenant remaining on the property after the expiration of a S21 notice is definitely not a "trespasser" regardless of whether on not he or she pays rent.

To imply that a tenant is a "trespasser" would constitute harassment or might be construed as an attempt to secure an illegal eviction.

johnjw
20-09-2006, 20:32 PM
I think that if Bravachick did not leave on the date of the Possession Order but chose to remain until evicted, then the term "tolerated trespasser" would apply after the date of the Possession Order.
I'd suggest that whatever the status of the tenancy, the Occupier would continue to be responsible for rent payments and arrears would accumulate until Bravachick leaves the property.

Worldlife
20-09-2006, 23:20 PM
A Section 21 Notice is not a "Possession Order" - it is a notice by the landlord requiring possession.

The first stage of the OP's query related to rent being payable after the section 21 notice expires and I underlined that rent was due until the property was vacated.

The occupier remains a tenant (and not a trespasser!) until a Possession Order is granted by the Court and the tenancy ended by the vacation of the property on or before the expiry date of the Possession Order (if necessary bailiffs may be need to enforce the Possession Order)

RichieP
21-09-2006, 07:40 AM
Wilst others are getting bogged down discussing terminology...

Yes, you are lable for any rent for as long as you stay in the property, whether the Section 21 has expired and been actioned through the court or not. Even after you've been given a date to move out, you still owe money for "use and occupation" at the daily rate. This applies right up until Mr Bailiff comes knocking on your door.

Poppy
21-09-2006, 09:33 AM
Under the circumstances you have described, you are liable for the full rent up to and including the day you leave - no matter how that comes about.