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Advice please Section 21 served - tenant wont move out

far2812 · 2012-08-26 15:41:28

Hi all Need a little advice. My friend has had section 21 served so she should move out on 30th August (next week). She has found a new property but cannot move in until the 5th. She has asked the Landlord for 5 extra days but she has said no. Apparently the Landlord's daughter is moving into the house but not immediately.…

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jamie11 Posts: 4,436 Forumite

27 August 2012 at 3:30PM

Strictly, the tenant must give her own notice, even though she has a S21 giving a date, she should give her notice saying she is leaving on 30th Sept. (I assume that is the last day of the next tenancy period).

If she does not give notice the landlord can assume the tenancy is still running until he gets a PO and has the bailiff hand him the property back.

Any talk of pro rata rent or refunds is a matter between her and the landlord.

If the landlord accepts a surrender of the tenancy on 5th Sept. then this should be offered and accepted between the two parties as a deed. (witnessed).

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Advice please Section 21 served - tenant wont move out

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