Section 21 - more time

sclare

My long term tenant has been served with a section 21 by the agent, but has asked for more time, for very understandable reasons. The timing is bothersome for me because I need the property sold asap, but I'm hoping that agreeing to more time (four months instead of two) will mean that they are more likely to leave without court action, as they have more time to find something. I may well be naive though.

I'm new to this, so would be interested in the pros and cons of giving more time as opposed to sticking to the original date. 

Mr.Generous

Doesn't matter what anyone else thinks or what experience they have, it will be down to how the tenant decides to act. I'd give them the extra time personally.

FlorayG

Give as long as you can and that way as you say it won't expire before they've found somewhere else. The only downside is it will take longer to get on the market but if your tenant doesn't leave then you still can't market it

theartfullodger

Nothing stopping you selling with tenant remaining.

Presumably you explained to esteemed tenant that you would (if justified) provide excellent references and be flexible on timing?  If not big shame.

S21 does not end tenancy nor compel tenant to leave (Thatcher's housing act) so that tenant is in dialog about timing means you are blessed compared to the norm 

housebuyer143

I would be inclined to give your long term tenant the benefit of the doubt and grant the extension, but don't extend it again. If they don't go after 4, straight to court proceedings.
If they don't go it's going to delay you by 2 more months than if you didn't extend it, but they might just go without hassle. 

ChirpyChicken

Give them the 4 months
Is the property in a sellable condition as it is? If so then maybe put it on the market in a few weeks time and say you can have the 4 months as long as you accept the viewings etc etc

doodling

Hi,

There is nothing that requires you to start legal action as soon as the S21 you have already issued expires so you can give your tenants some additional time before court costs are incurred.

Do however bear in mind that telling a tenant that they no longer need to leave after you have issued a S21 effectively invalidates it.

If you do want to give more time then perhaps a comment along the lines of "if I can see that you're making good progress in finding somewhere else then it wouldn't make sense to start legal proceedings straight away"?

RedLipstick

I'd also allow for 4 months, I think two months are really challenging to get everything sorted especially if you've been at the same place for a long time, plus if they didn't know it's coming. It's very kind of you to consider.

dinosaur66

i have had 1 rental i wanted to sell with tenants in situ but i needed it empty and i gave them a year to find a new place/ did the removal myself for free of a place i vetted and found for them myself /and gave them 1k for moving for me /

RHemmings

Another vote for giving them the 4 months, but telling your tenants that you'll be flexible about letting them move out early without them having to pay more rent than just the time they are there. The flexibility may make it easier for them to find a new home to move to. 

Robbo66

Given the section 21 is valid for 6 months from date of service give them 2 months notice but agree to not start court proceedings for 2 month after the notice period expires should they not vacate, that still gives them the asked for 4 months but leaves your options open