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  • FIRST POST
    • ThePants999
    • By ThePants999 11th Jul 17, 8:43 PM
    • 1,119Posts
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    ThePants999
    Silly S21 question
    • #1
    • 11th Jul 17, 8:43 PM
    Silly S21 question 11th Jul 17 at 8:43 PM
    Regulars here all know that a tenancy can only be ended by the tenant, by mutual agreement or a court.

    If a landlord issues a section 21 notice, and the tenant leaves when it expires without serving their own notice, what is it that stops a landlord claiming "hey, that was just notice of my intention to seek possession, the tenancy hasn't actually ended yet and you still owe me rent"? Is it that a court would consider the combination of the S21 and the tenant leaving to effectively be mutual agreement?
Page 1
    • Pixie5740
    • By Pixie5740 11th Jul 17, 9:03 PM
    • 12,114 Posts
    • 17,050 Thanks
    Pixie5740
    • #2
    • 11th Jul 17, 9:03 PM
    • #2
    • 11th Jul 17, 9:03 PM
    Absolutely nothing.
    • G_M
    • By G_M 11th Jul 17, 9:05 PM
    • 44,089 Posts
    • 52,226 Thanks
    G_M
    • #3
    • 11th Jul 17, 9:05 PM
    • #3
    • 11th Jul 17, 9:05 PM
    Tenant should serve notice before leaving.

    In practice, in 99/100, the LL wanted the tenant to leave, the tenant left, so no one takes further action.
    • ThePants999
    • By ThePants999 11th Jul 17, 9:07 PM
    • 1,119 Posts
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    ThePants999
    • #4
    • 11th Jul 17, 9:07 PM
    • #4
    • 11th Jul 17, 9:07 PM
    Thanks. Given the number of tenants who don't realise that they don't actually have to leave when the S21 expires, I'm surprised that we don't hear about unscrupulous landlords exploiting this...!
    • Pixie5740
    • By Pixie5740 11th Jul 17, 9:11 PM
    • 12,114 Posts
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    Pixie5740
    • #5
    • 11th Jul 17, 9:11 PM
    • #5
    • 11th Jul 17, 9:11 PM
    I'm sure I read about a landlord who took the tenant to court for arrears when the tenant had moved out because a Section 21 had been served. It might even have been on this forum....I'll try and find a link. It was a total d i c k move.
    • Guest101
    • By Guest101 11th Jul 17, 9:14 PM
    • 15,118 Posts
    • 14,796 Thanks
    Guest101
    • #6
    • 11th Jul 17, 9:14 PM
    • #6
    • 11th Jul 17, 9:14 PM
    I think most courts in practice wouldn't award in LLs favour. But only on the basis that the tenant is a consumer and courts tend to side with them on such issues.

    It is a genuine possibility however and tenants should agree a leaving date in writing.
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