LL selling/sitting tenants

G_M

Werdnal wrote: »

GM, Whilst ITA with your advice above, I was once rounded on by our learned friends over on LLZ, advising that you cannot "withdraw" an S21.

You can refrain from applying for possession, or you can issue an extension to the tenancy (either verbally or in writing) to over-ride the S21, but it cannot be cancelled or withdrawn once served.

True. :T

I was being loose with language.

A S21 can be invalidated though, for example as you say by a written offer to agree to let the tenancy continue.

No judge would allow a S21 if such a written offer had been subsequently given tothe tenant(I believe...)

ValHaller

AlecEiffel wrote: »

The existing agency is a bit fee-happy! It did seem odd that when talking to the prospective buyer who was openly buying-to-let that they would recommend the quiet, tidy, never missed a payment couple leave. The 'new' owner did tell them that they would be using a different agency so not sure if that factored into it.

I think that is exactly it. In your position, I would be speaking to the new LL to apply pressure get the S21 withdrawn - otherwise I would be making plans to move regardless.

That is notwithstanding the 'point' about S21 notices not being withdrawable. I am not sure exactly what the reasoning is but it seems to be that there is no actual statutory provision to withdraw - plus the fact that the S21 is a prescribed form and there is no prescribed form to withdraw a S21. I doubt any judge would be very inclined to grant a possession order of the back of a S21 which had been withdrawn in writing. If Estoppel was claimed, it would be all too easy to adjourn for long enough to get a new S21 issued ..... without actually ruling

franklee

A landlord can't unilaterally withdraw a section 21, which makes sense as the tenant going by the notice may already have committed to move. However a landlord can void a s21 by agreeing the tenant can stay. This can be verbal but as ever it's best to get it in writing to make it easier to prove. Also the letter can be shown to the next landlord to show the tenant hasn't been awkward overstaying the s21 if the current landlord chooses to go back on his word and action the s21 after all. I doubt many landlords would action a section S21 after they've committed not to in writing and if they did I'd expect the S21 would fail.

The S21 isn't a prescribed form.

In the OP's case the LL may have been advised to serve the S21 in case the sale falls through and a sale with vacant possession is then needed. However surely if the buyer wants to keep the reliable tenant he should make sure the S21 is voided otherwise the tenant may wish to move out. Although a tenant has the legal right to overstay the S21 it doesn't do their reference much good. I'd suggest it's up to the buyer to say what he wants to happen as part of the terms he agreed to buy under. If he loses the good tenant by the vendor's actions he should be reducing the price he'll pay by the costs of replacing the tenant (estimated void time, agent's fees, check in/out time etc.).

OP can you write to the buyer, let him know about the S21. If the S21 isn't voided I'd seriously consider moving as you cannot be sure if or when the S21 will be actioned. Also a threat to action the S21 (apply to court for possession) may be used to force a tenant who cannot move quickly to accept a rent increase or to sign a new tenancy with unfair terms.

AlecEiffel

Thanks for the replies.

I spoke to the head office (who issued the S21) of the current agency who say they know nothing about the buyer buying to let or keeping us as tenants. They said they'd need something in writing from the buyer.

I explained that I had spoken to the buyer and that that she had told the local office (who are also the estate agent) of her plans all along. So the head office were going to call the local office and get info and then call me back. Which they didn't. So will try them again tomorrow.

Thanks for all the info everyone.