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Jul, 2014

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  1. #11
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    Good question W! Maybe in that case 'likely' should be replaced with 'may'. What's your opinion?

  2. #12

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    Quote Originally Posted by Snorkerz View Post
    Totally correct, but a tenant staying in place beyond the expiry of a valid section 21 notice should be aware that if the landlord commences court actions, the tenant is likely to be ordered to repay those costs to the landlord.
    This is my concern. I have no intention of staying beyond the expiry date of a valid Section 21 notice as this could lead to the sale falling through and a claim for losses, should the landlord be able to satisfactorily substantiate them.

  3. #13
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    I doubt LL would win costs due to sale falling through due to his be so stupid as to rely on a tenant leaving on S21 expiry.

    An S21 notice does not end a tenancy: It does not oblige a tenant to leave: It simple permits, on expiry, the landlord to commence possession proceedings...


    However you might consider something similar to what my son & his 2 house-mates did: S21 as issued (as it happened invalid..) . They offered to leave when LL wanted them to in return for written good references & a significant sum. They got both.

    Cheers!
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  4. #14
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    Quote Originally Posted by Victoroius View Post
    This is my concern. I have no intention of staying beyond the expiry date of a valid Section 21 notice as this could lead to the sale falling through and a claim for losses, should the landlord be able to satisfactorily substantiate them.
    Snorkerz meant costs as in a couple of hundred or so in court fees.

    You are not liable if the sale of the property falls through. You are worrying needlessly.

  5. #15
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    Quote Originally Posted by Snorkerz View Post
    Good question W! Maybe in that case 'likely' should be replaced with 'may'. What's your opinion?
    As I have no direct experience of possession claims, I can only guess that it would seem likely to reduce the chance of the T being ordered to pay the LL's costs.

    The fact remains that a s.21 notice does not remove the T's obligation to serve NTQ if he wishes to end a periodic tenancy. If he leaves at s.21 notice expiry without giving NTQ then he is exposed to a claim for rent in lieu of notice, as well as the LL's possession costs since the LL may still have to proceed with a possession claim, given that neither the s.21 notice (valid or invalid) nor the T vacating effect a legal end to the tenancy.

    Of course, there may be a surrender by operation of law if other, additional actions by T and LL add up to it; but as we know, in the event of dispute this is something which could only be firmly established by a court.

  6. #16
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    Quote Originally Posted by westminster View Post
    Snorkerz meant costs as in a couple of hundred or so in court fees.
    Agreed - £175 court fees almost certainly, I am led to believe that solicitors costs are capped at £250 but as our fees aren't recoverable, it's not something I've investigated. I also believe that 'costs' as opposed to 'fees' are much more arguable - if I were a tenant being faced with £250 worth of solicitors costs, I believe I could put a good argument forwad as to why I shouldn't have to pay them.

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