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Paragon
22-02-2007, 16:51 PM
On another rental forum, a tenant has been served with a S21 because the LL wants to sell his property.

Does the tenant have to stay until the expiry of the S21 OR can the tenant now leave early without giving his one months notice?

The Letting Agent is saying that the tenant can not leave without the tenant giving a one months notice and must stay in the flat even though he has been asked to leave.

P.Pilcher
22-02-2007, 17:03 PM
Once an S 21 is served, a tenant can leave early, paying his rent up to the time he vacates the property. I don't think this applies however during the original fixed term of the AST agreement.

P.P.

Paragon
22-02-2007, 17:11 PM
Once an S 21 is served, a tenant can leave early, paying his rent up to the time he vacates the property. I don't think this applies however during the original fixed term of the AST agreement.

P.P.

Thanks P.P. Does the tenant still have to give his one months notice? Or is the fact that a S21 has been issued invalidate the tenants obligation?

Worldlife
22-02-2007, 19:34 PM
The section 21 notice becomes effective after a specified date and that date cannot be before the end of the fixed term . All landlord notices must be served to ensure that they provide sufficient notice before the effective date (typically two months)

The tenant will be liable for rent up to the effective date and until he/she vacates the property.

Once the effective date has been reached the tenant can leave at any time without giving notice.

lorenzo
22-02-2007, 20:17 PM
I believe the original enquiry was regarding the tenant leaving before the expiry of the s21.

Presumably, the tenant would need to give notice in this instance. (assuming not during a fixed term)

RichieP
22-02-2007, 21:15 PM
Round the houses a bit here.

Tenancy dates would have been helpful, but if the tenancy is periodic, the tenant can leave at any time, without the month's notice.

Paragon
22-02-2007, 21:25 PM
Round the houses a bit here.

Tenancy dates would have been helpful, but if the tenancy is periodic, the tenant can leave at any time, without the month's notice.


Evidently, the original AST was 6months. They have been in a periodic for the last two years and have now been served with the S21. The tenants have a new place to go to, but the new LL won't hold the place for more than a week.

However, the tenants current Letting Agent is trying to hold them to a months notice, which means the tenants will lose their new home.

As a landlord myself, I find this unfair of the old landlord and I really want to be able to tell the tenants to just move, but also don't want them breaking any covenants on my statement.

MrShed
22-02-2007, 21:31 PM
For what its worth Paragon, I totally agree with Richie on this one(and Pilcher!). In fact a good while back, there was a post from PaulF on the matter, stating the same thing.

Paragon
22-02-2007, 21:38 PM
For what its worth Paragon, I totally agree with Richie on this one(and Pilcher!). In fact a good while back, there was a post from PaulF on the matter, stating the same thing.

Your comments are worth a lot. Thank you all. I will relay your comments to the other forum which is this one. Please join us.

http://forums.moneysavingexpert.com/showthread.html?t=383150