Will my Letting Agents Section 21 be valid?

by Readers Question

12:17 PM, 12th August 2013
About 5 years ago

Will my Letting Agents Section 21 be valid?

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Will my Letting Agents Section 21 be valid?

My letting agent served a section 21 notice soon after the tenant moved in, but only told him verbally a few months before the date on it, that he needed to be finding somewhere else to move to – rather than sending him a letter requiring possession! Will my Letting Agents Section 21 be valid?

Would I be right in thinking that if the tenants doesn’t go, and he is now past that date, and says he hasn’t seen anwhere else he likes (and gets some income support!) that that section 21 is worth diddly squat!

Thanks

Juliet



Comments

Romain Garcin

14:01 PM, 12th August 2013
About 5 years ago

A s.21 notice is the letter requiring possession.
As long as it is valid (right expiry date, served after deposit protected and prescribed info. given to tenant) and no new tenancy explicitly created (other than SPT) since then it can be used to start court proceedings.

IMHO, serving a s.21 notice soon after tenant has moved in is not productive...

juliet bonnet

14:13 PM, 12th August 2013
About 5 years ago

Reply to the comment left by "Romain " at "12/08/2013 - 14:01":

IMHO, serving a s.21 notice soon after tenant has moved in is not productive

Thanks for prompt reply Romain, but don't understand what above sentence means...
(duh!)
Juliet

Mark Alexander

14:20 PM, 12th August 2013
About 5 years ago

Reply to the comment left by "juliet bonnet" at "12/08/2013 - 14:13":

The abbreviation IMHO = In My Humble opinion.

With regards to serving a section 21 notice at the beginning of a tenancy, please see >>> http://www.property118.com/serving-a-section-21-notice-after-tenancy-agreement-has-just-started/41878/
.

Romain Garcin

14:25 PM, 12th August 2013
About 5 years ago

Ah sorry. I was just making a slightly off topic comment that, in my opinion, there is nothing to be gained by serving a s.21 notice soon after tenant has moved in.

In any case, as mentioned, if it was valid when served and is still valid now then you can act on it without further notice or letter to the tenant.

Edit: OK if the problem was 'IMHO' then I'd better not use it again in my clarification!

juliet bonnet

14:42 PM, 12th August 2013
About 5 years ago

Thanks Romain,
tenant was made aware at the outset that it would only be for 6 months, as the property was becoming a student tenant property.
And the agent has taken deposits from students expecting to move in 1st september!
Fortunately they have agreed to temporary housing elsewhere, but its not an ideal long term solution for them.

Mark Alexander

14:49 PM, 12th August 2013
About 5 years ago

Reply to the comment left by "juliet bonnet" at "12/08/2013 - 14:42":

Has your letting agent applied to the Courts for a possession order?
.

juliet bonnet

14:51 PM, 12th August 2013
About 5 years ago

Reply to the comment left by "Mark Alexander" at "12/08/2013 - 14:49":

Not yet Mark

Mark Alexander

14:55 PM, 12th August 2013
About 5 years ago

Reply to the comment left by "juliet bonnet" at "12/08/2013 - 14:51":

Why not?
.

Steve Masters

17:30 PM, 12th August 2013
About 5 years ago

Reply to the comment left by "Romain " at "12/08/2013 - 14:01":

....and no new tenancy explicitly created (other than SPT)....

Am I right in thinking that if you collect rent in ADVANCE after the expiry of the s21 then you are in effect agreeing to a new SPT being created which then negates the s21. The correct procedure should be to collect rent in ARREARS after the expiry of the s21.

Romain Garcin

18:32 PM, 12th August 2013
About 5 years ago

Reply to the comment left by "Steve Masters" at "12/08/2013 - 17:30":

A s.21 notice has no effect on the tenancy, so rent continues to be due without any change after the expiry of the notice.

You might be thinking of mesne profits in case the tenant doesn't vacate after the end of the tenancy. With A(S)T this scenario can only occur if the tenant doesn't vacate after the expiry of his own notice to quit, though.

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