Tenant gave us notice but now refuses to move out!

Tenant gave us notice but now refuses to move out!

12:38 PM, 19th August 2013, About 11 years ago 31

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Our tenant sent a message by text on 16 July to say she had found another property and wanted to move in about a months time. Tenant gave us notice but now refuses to move out

I started viewings on the property and the current tenant suggested a moving date of 25 August. Our new tenants were due to move in 1 September and have given notice to leave their rented property by 24 August, they then go on holiday for 1 week. I confirmed the leaving date and rent with my current tenant by letter, hand delivered and she had no issues with it.

My current tenant text yesterday to say that the new landlord is applying for a new heating system to be fitted into the house and has arranged an inspection for the proposed works for two weeks time.

My tenant won’t give me a date to move out now and said she has nowhere else to go.

My new tenant/s are at their wits end as they have nowhere else to go and and she is 4 months pregnant.

Is my only option to serve a section 21 notice and wait 8 weeks to apply for a court order???

Current tenant is on a periodic tenancy paying two weekly in arrears.

No deposit was taken as we knew the family.

I really don’t want to lose the new tenants as they are really nice.

What can I do???

I really need some advice and hope somebody here can help.

Thanks in anticipation.

Susan Owen


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Comments

Puzzler

17:06 PM, 20th August 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "19/08/2013 - 17:31":

Thanks I see. But does the S21 expire at the end of the tenancy or can it lie in place indefinitely?

Yvette Newbury

17:28 PM, 20th August 2013, About 11 years ago

Reply to the comment left by "Puzzler " at "20/08/2013 - 17:06":

A Section 21 does not expire, but I always feel it is good practice to issue another one if the first S.21 was a long time ago.

22:19 PM, 20th August 2013, About 11 years ago

Reply to the comment left by "Puzzler " at "20/08/2013 - 17:06":

A section 21 remains valid for the life of the tenancy it is issued in AND any subsequent statutory periodic tenancy (however long). A subsequent fixed term agreement would invalidate the s2

Susan Owen

12:51 PM, 21st August 2013, About 11 years ago

Reply to the comment left by "Yvette Newbury " at "20/08/2013 - 17:28":

Forgive my ignorance, but as we have never issued one before we were under the impression that it had to be issued when the eight week period started so all of the dates were correct. So am I right in thinking you issue it when the tenants get the keys, if so what date do you put on the notice? Also if the tenant then gives a months notice, then refuses to move, must they leave the property no matter what?

15:00 PM, 21st August 2013, About 11 years ago

Reply to the comment left by "Susan Owen" at "21/08/2013 - 12:51":

You can't issue a section 21 notice until the tenancy has actually started AND you have complied with all your deposit protection obligations.

The notice requirements are minimum lengths, it is the expiry date (which you select) that is critical for court purpose

15:28 PM, 21st August 2013, About 11 years ago

Reply to the comment left by "Dave Reaney" at "19/08/2013 - 18:57":

This is in relation to my earlier post where I stated

"An application to the court would result in an early court hearing (iirc within 8 days of application) and immediate possession should be granted. Bailiffs anecdotally deal with these much quicker than regular residential possession so it is realistically possible to have your property back within 3 weeks of the notice date."

These facts have been questioned here and on another forum. This has prompted me to review CPR etc surrounding this. I could find nothing to support this claim. So I had a chat with my tame tenancy-solicitor. Blank Face.

Sorry for misleading you guys, it seems I was mistake

Jay James

15:35 PM, 21st August 2013, About 11 years ago

Query, can an S21 be (for example) 3 months and 17 days / 4 months and 22 days / whatever length you feel like, so long as:
Its at least two months and;
deposit protection obligations have been met and;
you have put the correct end date and;
the tenancy has actually started?
Given Dave Reaney's and other comments, it would seem yes.

17:06 PM, 21st August 2013, About 11 years ago

Reply to the comment left by "Jay Jay" at "21/08/2013 - 15:35":

Yes 🙂

Mark Alexander - Founder of Property118

17:09 PM, 21st August 2013, About 11 years ago

Reply to the comment left by "Jay Jay" at "21/08/2013 - 15:35":

Yes 🙂

17:05 PM, 29th April 2016, About 8 years ago

Reply to the comment left by "Mark Alexander" at "19/08/2013 - 13:02":

Hi Mark I find myself in the same situation as Susan but as far as I am aware the letting agent did serve the Sec 21(1)b after the deposit had been protected my tenant has been there over 4 years now gave notice by email and is now refusing to leave until August although he should have gone in May Do I now have to wait until the date the day before he pays his next rent to serve the section 21 or is there something else I can do.
Thanks

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