Section 21 - normally issued when tenant breaks tenancy?

QTPie

Hi

Just curious if this is normal?

We have a 12 month tenancy agreement with 2 month break clause (tenancy to end no sooner than 6 months - which would be 15th May).

However, we have just exchanged contracts on buying somewhere and have notified the agent (we are moving out n 28th March). If they can re-let it from early April, if not we then we are liable for the rent up until 15th May (as expected). All fine.

However, the agent also issued us with a Section 21 (to leave by 15th May). I was surprised by this. Is it standard (even if the tenant ends the tenancy).

QT

Mrs_pbradley936

Yes I think it is pretty standard - in that they do not have another form to send you. It just means that Court proceedings could commence.

jjlandlord

It's at most a back up for them, and for simplicity. But not that useful, IMHO (though I haven't experience on how smoothly these scenarios actually go in court).

If you correctly action the break clause, your tenancy ends on expiry of the notice and the landlord could immediately start court proceedings thereafter without having to serve you any further notice.

QTPie

Thank you both, very much.

Reading other threads on here, a Section 21 sounds rather "extreme" if a tenant is ending a tenancy (ie makes me feel like a naughty girl somehow ). However, how you have explained it, makes sense

thesaint

A landlord would usually do this if a tenant says they "might" be moving out on "some date" in the future.

Tenants regularly believe that them notifying the landlord in January means that when they decide to up and leave in April, they have given the landlord plenty of notice, when in fact, they have given no notice.

By serving a Sec 21, the landlord has some certainty.