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Valid Section 21 do I have to Leave?
Comments
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The details might make it seem more serious than the shortened version to be honest.
Left without gas is one thing, left without a gas cert is another.
Gas fine. No gas cert for 7 weeks even with me reminding him. Actually it was only completed after I received the Section 21 if they counts for anything?0 -
I'd like to re-inforce bitterandtwisted's earlier point.
The landlord has to be very careful about not negotiating.
He has (so far as we know) done everything by the book regarding ending the tenancy. If he agrees, either verbally or in writing, to the tenant remaining beyond the expiry date of the S21, then the S21 becomes invalid, and when he goes to court for possession, his application will be rejected.
He will then be back to square one, have issue a new S21, wait another 2 months, and then apply to court again.....0 -
I'd like to re-inforce bitterandtwisted's earlier point.
The landlord has to be very careful about not negotiating.
He has (so far as we know) done everything by the book regarding ending the tenancy. If he agrees, either verbally or in writing, to the tenant remaining beyond the expiry date of the S21, then the S21 becomes invalid, and when he goes to court for possession, his application will be rejected.
He will then be back to square one, have issue a new S21, wait another 2 months, and then apply to court again.....
Everything I have read says that the Section 21 is still valid if he allows an extention to the tenancy.
Example I have had section 21 issued the day I have moved in before.0 -
It is a matter of probability and risk.
It is unlikely that the court would reject a s.21 notice because the landlord said he would not start court proceedings right now.
On the other hand it may be riskier for the landlord to agree that the tenant may indefinitely stay.
This is what a solicitor would tell you if you asked. Nothing is definite but a landlord would be wise to be prudent.
Of course and in any case, if the tenant has no evidence because the landlord just 'told him', it will likely have zero effect in court.0
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