What should I do not to invalidate my S21?

What should I do not to invalidate my S21?

0:01 AM, 17th May 2023, About A year ago 10

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Hi everyone, I served a Section 21 seven weeks ago so the tenant is due to move out on 21st May. They are on benefits so the local council will be paying most of the rent. My guess is they aren’t moving! Grrr!

And I would be very surprised if the council have not advised them to stay put! (double Grrrr!).

On the 15th of May, the tenant just paid the monthly rent.

My question is: What should I do so as not to invalidate my Section 21?

As always TIA,


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Nikki Palmer

7:52 AM, 17th May 2023, About A year ago

I'm sure there are a lot of answers to your question but I'm not really understand what it is.

There are many things you shouldn't do - for instance, cut of their energy supply; camp out in the front garden; use your own key to go in; throw their belongings out on to the street, constantly send them text messages and harass them and so it goes on.....

What you should do though is get in touch with your tenant to explain the check out process and let them know when you will be there to collect your keys and take meter readings.

It sounds as if you are just sitting back waiting for something to happen - today is the 17th and you are expecting vacant possession by the 21st? Be assertive!

Jacquie Ellis-Jones

9:08 AM, 17th May 2023, About A year ago

It sounds very much like it is the Council that are telling your tenant to stay put until the Baliffs arrive. I have had this with more than one tenant. It's very frustrating as just leads to more costs and frustration all round.
My advice would be to instruct baliffs when your tenant does not leave and continue down the eviction route.
The one good thing to be grateful for is that your tenant is still paying the rent.


10:25 AM, 17th May 2023, About A year ago

So....no rent arrears. No problems other than they might/might not move out on said date. Just wondering why you evicting!

Happy housing

10:56 AM, 17th May 2023, About A year ago

You have to go down legal route


14:49 PM, 17th May 2023, About A year ago

You won't invalidate the S21 if it was valid when served. But (and it's a big but), the tenant does not have to move out on the expiry date if he doesn't want to. However, the S21 is the first step in the process of regaining possession. The tenant will now be on a Statutory Tenancy with all the same terms of original AST, including payment of rent. You can now apply to the County Court for a Possession Order. Only a Court Order will give you the right to employ a Bailiff to have him removed. There's nothing else you can do. Hopefully he will leave before you have to go to all this trouble. Mind you, as I write this, I'm watching the 1o'clock News with Michael Gove proudly spouting his new "levelling up" nonsense, so things might have changed, especially the S21. You should be okay, since new laws won't be retrospective. Been there, dun it!

Tony Phillips

16:09 PM, 17th May 2023, About A year ago

Reply to the comment left by RoseD at 17/05/2023 - 10:25They moved in during Covid when the rental market was flatlining. I had zero work and no fulough (freelance camerman in sports tv)
So the rent was 'heavily discounted' and below mkt value. They have paid the same rent without increase for over two years and are refusing to pay more.
They have ruined the bathroom by wrapping a towel around an insignificant drip from under the basin (a 5 minute fix!!)
Thus leaked into the walls and floor for several months. Causing damp and black mould and damaging the beautiful travertine tiled floor.
Their kids spilt the bathroom door frame and door forcing it beyond its limit. They have blocked the drains THREE tines pouring ghee butter fown the sink. They have broken the expensive wood slat blinds, same with dining chairs ...and the list goes on! They say repairs are MY responsibility not theirs.
I explained that damage other than fair wear and tear is their responsibility according to the TA.
...should I carry on?

Tony Phillips

16:17 PM, 17th May 2023, About A year ago

Hi all, thanks for the replies. My concern re invalidating S21 was about the rent they just paid. By accepting the rent BEYOND the period on the S21 notice. Am I by default or a technicality invalidating the S21

Happy housing

16:52 PM, 17th May 2023, About A year ago

Reply to the comment left by Tony Phillips at 17/05/2023 - 16:09
Hi you can return their monies after they leave


17:08 PM, 17th May 2023, About A year ago

Reply to the comment left by berkstunt at 17/05/2023 - 14:49Similar problem that I had, a few times. The issue is if the tenant doesn't move out but continues to pay rent, it could be construed (by a clever Shelter lawyer) that you have started a new tenancy. I was advised that I show any 'rent' received after the moving out date not as rent but MESNE profits (google it) , you record the income as mesne profits and you should be ok.


21:44 PM, 17th May 2023, About A year ago

Thanks Tony. Point more than taken. Look after the property as important as paying the rent. Hope it all works out without added stress or cost!

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