Section 21 issued tenant wants extra time?

by Readers Question

10:01 AM, 29th December 2015
About 3 years ago

Section 21 issued tenant wants extra time?

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Section 21 issued tenant wants extra time?

A section 21 was issued to my tenant to leave the property on 27th December he now tells me he can’t go as the flat he is moving into will not be ready now till the end of January.extra time

Can I issue him a licence or a holiday let to allow him to stay till the end of January ?

If so what paperwork if any would be needed or shall I just wait till the end of January and if he doesn’t leave then issue court proceedings then ?

I know he is in the process of leaving as I’ve had requests for references for him.

Many thanks

Les



Comments

Ross McColl

12:06 PM, 29th December 2015
About 3 years ago

You don't need to issue him with anything, just wait and see if he goes then issue proceedings to court if he doesn't. You may want to ask him for the agent or landlords details for confirmation he is definitely going if you have any doubts as to whether he will leave. All the best.

Mandy Thomson

12:12 PM, 29th December 2015
About 3 years ago

Hi Les

I would suggest reading this page http://blog.painsmith.co.uk/2010/08/23/after-a-section-21-notice-expires/ from the Painsmith Landlord and Tenant Blog which deals with this very situation.

Only a Court order can end an AST when the tenant won't agree to terminate. As suggested by Painsmiths, write your tenant a letter in which you advise that you won't enforce the S.21 until after a specified future date.

Tessa Shepperson

12:13 PM, 29th December 2015
About 3 years ago

Ross is correct.

There is a general view that a section 21 notice ends the tenancy (like the old Notices to Quit did). This is not the case. It does not actually affect the tenancy at all - the effect of the section 21 notice is that if the tenant fails to move out and you go to court for possession, then (assuming the notice is correct) the Judge cannot refuse your order for possession.

In the meantime the tenant still has a valid tenancy exactly the same as he did before.

If you decide you need to evict, this free service may help you http://www.landlordlaw.co.uk/whichpossessionproceedings

Neil Patterson

12:32 PM, 29th December 2015
About 3 years ago

From Property118 Sponsor Paul Shamplina >> http://www.property118.com/member/?id=190

Les you should not grant any new agreement or Licence, this will only complicate the matter in trying to gain vacate possession.. You have to either issue Accelerated possession proceedings NOW to obtain a possession order which takes approx. 6 weeks to gain an order or trust that he is going to vacate at the end of January (allow the extension verbally- Not in writing) which will save you legal costs.

These are your 2 options. If you need assistance with possession you can email me PAUL@LANDLORDACTION.CO.UK

Anthony Endsor

11:09 AM, 4th January 2016
About 3 years ago

I would say approach the situation with caution and ensure you get the rent paid right up to the day the tenant leaves. I had a situation like this once where the tenant had already told me he wanted to leave due to personal issues. We agreed a date and also the return of his deposit from that date. However, in the months that followed, he then proceeded to keep telling me he needed another week, then another, and then another, and to take the rent out of the deposit as he didn't have any money to pay. Eventually he then fell into arrears on that, so the deposit wouldn't cover. He left about 4 weeks later, leaving the house in a real mess, which cost quite a lot to put right. Obviously had I known about this I wouldn't have returned his deposit. He fled though never to be seen again, and without a forwarding address.
So your question must be, is the tenant saying 'give me another month and I'll honour my agreement until I leave', or is he really saying 'I've made a mess of the house so I'll try and stay another month for free and hope the landlord doesn't come round in the meantime', the second of which would mean the deposit may not cover any repairs.
So I would say keep a careful eye on the situation.

Charles King - Barrister-At-Law

12:47 PM, 4th January 2016
About 3 years ago

As per usual there is some amazing free advice on this site from genuine experts - you are in the best hands Les!

leslietolley

14:10 PM, 4th January 2016
About 3 years ago

Reply to the comment left by "Anthony Endsor" at "04/01/2016 - 11:09":

Thank you for your advice I have told the tenant I will not start court action until end of January as long as the rent remains paid. I am monitoring the situation closely

leslietolley

14:11 PM, 4th January 2016
About 3 years ago

Reply to the comment left by "Ross McColl" at "29/12/2015 - 12:06":

Thank you for your advice I have told the tenant I will not start court action until end of January as long as the rent remains paid. I am monitoring the situation closely

leslietolley

14:11 PM, 4th January 2016
About 3 years ago

Reply to the comment left by "Mandy Thomson" at "29/12/2015 - 12:12":

Thank you for your advice I have told the tenant I will not start court action until end of January as long as the rent remains paid. I am monitoring the situation closely

leslietolley

14:13 PM, 4th January 2016
About 3 years ago

Reply to the comment left by "Tessa Shepperson" at "29/12/2015 - 12:13":

Thank you for your advice Tessa I have told the tenant I will not start court action until end of January as long as the rent remains paid. I am monitoring the situation closely and I may be In contact in the future

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