Received Section 21/6A Notice

paddyposh

Hi all. Had our two month notice served a couple weeks back with a date to vacate of 6th May. I spoke to the estate agents who manage it for the landlord that we were looking to buy now and can we maybe get an extension, they came bac to say it is possible but would need to see proof etc.

We had an offer accepted on a property yesterday, and I have now drafted a mail to our agents requesting this. To note, the house we are trying to buy is being sold by the agents we rent from now. The sales side of the estate agents have had our DIP and proof of funds, which is the proof the letting side said they'd need to see to consider it

Today however a for sale sign appeared outside our house from a different estate agent.

Are they likely to accept this and provide an official extension?

I know with this we don't technically need to be out on the 6th May, as they would need to apply for a court order etc but I don't really want to go down that road and have it maybe impact us getting a mortgage.

What are the options here? I have drafted an email to our letting agent requesting an extension on the notice period. Just waiting to hit send.

The landlord has apparently decided to sell because they want to get rid and not have the hassle anymore by the sounds of it. We have been good tenants for 7 years raising our family here, always paid on time etc

Just to add to this, I have been reading up about if the section 21 could be invalid. The last email correspondence I can see about gas safety inspections was October 2024, and I believe they are only valid for 1 year. This inspection happened on 9th October 2024. I never received a copy of it either from what I can tell. I think the last one I got was 2021 as part of our rent increase & renewal letter.

The only thing since then is that we got a new boiler fitted in June last year, but regarding gas safety certificates I have no written post I can find or emails about it after October 2024

I believe I can tell them that I want to challenge the Section 21 due to this, but is it best to wait until 1st May due to the new changes? As after that date they wouldn't be able to provide a new/revised one. Or could that be pushing it too late as if they did do one within the past 12 months and I've simply forgotten I will be wrong (if this did happen, I definitely didn't get a copy of it) and then be at the end of my notice period..

Any guidance would be appreciated

anselld

A new boiler, assuming it has been installed and registered correctly, does not require a LGSR for the first year after installation so it is covered until June from that point of view. There may be orther reasons to invalidate …

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/section_21_validity_checker

paddyposh

https://forums.moneysavingexpert.com/discussion/comment/81939877#Comment_81939877

It would be good to know more on this, as I thought that a new boiler installation does not replace/remove the requirement for a formal gas safety check

paddyposh

Just been through all my paperwork and the latest GSC I have is from 2019, 6 months after we moved in. Email comms confirm they came out to do the safety check as I said in Oct 24 but I have not had the certificate given to me at any point. I didnt get any paperwork for the boiler either, presumably it was all just between the plumber and the agents.

BikingBud

If the landlord is selling and he forces you to move out he cuts off his income stream and has to pick up bills before the house sale completes.

If you stay until your purchase goes through his income stream runs on and you leave on amenable terms and he keeps the house occupied and bills paid especially council tax.

Of course if he is not really selling then it's a different issue but you can only try to persuade the value of you staying until you buy your own place.

theartfullodger

S21 notice does not end a tenancy nor compel you to leave. It simply (if valid, very very many are invalid) permits landlord to start court proceedings when it expires. Probably 6 plus months from expiry to get you out.

Of course landlord may wish to "persuade" you to leave...£____££££££ I'd want £5k plus.

Btw I'm a landlord, since 2000

paddyposh

thanks for the responses thus far. I am hoping they can be amicable and agree to not pursue legal route whilst our purchase goes through, but just thinking worst case and so I can have some cards up my sleeve to play if they decide to be unreasonable

Regarding the S21 validity, I had it in the post but nothing was with it (EPC etc), not sure if it needed to be sent with it as wording is a little vague

Just dug through my paperwork again. EPC when moved in was from April 09, then got another (presumably the next one) dated September 2019 (odd as I thought they had to be done every 10 years, that would be just over 10 years). Last GSC in my possession from 2021. How to rent guide was valid for when we started tenancy (July 2018 one) and we got that when we moved in in Feb 19. Next and latest how to rent guide we got is May 2019 edition (guessing we got that when we renewed / had a price increase a few years back). We renewed in 2021 for 6 months then it turned into rolling and has been since, with one last price increase last year. Not had any since to my knowledge, I kept the old ones so wouldn’t have thrown any new ones away. Looks like there’s been 6 revisions since the one i have. Maybe something in my favour on validity grounds ?

anselld

The "How To Rent" guide does not need to be re-issued during a tenancy or the periodic follow-on, only if a new tenancy is issued.

eddddy

paddyposh said

What are the options here? I have drafted an email to our letting agent requesting an extension on the notice period. Just waiting to hit send.

Others probably know more about this than I do, but perhaps you should be careful not to say anything that could be interpreted as a your notice to quit or your agreement to leave on a specific date (unless you are sure that you will leave on that date).

So making a statement like "I'll leave before the end of June" might be risky, as it might be interpreted as binding.

But I guess a statement like "I plan to leave a week or two after my purchase completes. I'll keep you updated as matters progress", might be safer.

Myci85

Chances are if your landlord is selling the property, that might take just as long to go through as your own purchase. If I were you, I'd probably make it clear that if they are happy to be flexible with your leaving date to allow your purchase to go through, you will be flexible with allowing viewings to help their sale.

pinkshoes

As your LLs sale will be behind yours, then you need to do some negotiation here.

Your LL will be wanting viewings to take place no doubt. You are under no obligation to allow this. But nor are they under any obligation to extend your rental lease.

I'd keep quiet about an S21 being potentially invalid as that could be useful later if needs be. Do your research and make sure it is.

Personally I'd just let things tick along with your purchase, ignore the S21 date, and just keep your eye on the ball. If you're getting close to the 6th May with no end in site, then start drop the S21 invalid bomb. If the purchase is going to complete before 6th May, then awesome. If it will be just after, then just let the letting agent know and keep them posted, and pay the additional rent. No one will take you to court for being a few days over.