Can I issue a Section 21?

Can I issue a Section 21?

10:28 AM, 10th October 2022, About 2 years ago 6

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Hello, I have a few properties tied into mortgages. I will be selling due to S24, the White Paper and EPC regs due to come.

My question is: Can I serve a S21 now to my tenants but with a date to move out in approx two years time to avoid problems evicting them?

Would this be a legal loophole?



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Seething Landlord

12:04 PM, 10th October 2022, About 2 years ago

I think you will find that you have to start possession proceedings within 6-months of serving the S21 notice.

Markella Mikkelsen

12:22 PM, 10th October 2022, About 2 years ago

A S21 is only valid for 6 months.


16:09 PM, 10th October 2022, About 2 years ago

White Paper and EPC regs due to come? is there a plan out there for EPC ?

Kate Mellor

9:42 AM, 11th October 2022, About 2 years ago

Reply to the comment left by ficodindia at 10/10/2022 - 16:09
I think Paul is referring to the planned reduction to a minimum C rating for renting properties as opposed to the current E rating.

Kate Mellor

9:52 AM, 11th October 2022, About 2 years ago

Paul, this “loophole” is one that had been used for many years, but has now been firmly closed.
Some landlords would actually issue a S21 at the start of a tenancy so they could work around the intent of the law, however with the S21 now having a shelf life of just 6 months from service or 4 months from the expiry of the required two month’s notice, you have a very definite timeframe within which court action must be commenced.

Kate Mellor

10:09 AM, 11th October 2022, About 2 years ago

What I have done in the past when I knew that I would need a property back in the future was to see the tenants in person and explain our intentions. We had plans to extend the building which meant the tenants would have to vacate. We told them 12 months ahead of our planned commencement date, (which we were able to be flexible with) so that they could make informed decisions going forward.
One tenant moved out quite soon after the notice because an opportunity came up for him and we were left with his flat empty longer than ideal, however I was happy enough because he had always been a difficult person and I know he would have been hard to evict if it had come to that.
The other tenant asked for his notice as the time drew nearer so that he could bid for housing association flats and he moved out on the notice deadline.
If you plan to sell you would do well to obtain vacation possession before listing the property to ensure you aren’t losing a sale when your tenant doesn’t vacate as hoped.
It would also be morally advisable to give your tenants some idea of your intentions in advance. Perhaps 4-6 months, especially if you’re flexible about your listing timescale. It creates a lot of stress in a competitive rental market to have a two month moving deadline especially for families.

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