Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Extension of section 21

22 Jul 2021 | 1 comment

A tenant has asked to extend the tenancy for a week at the expiry of the section 21 notice, I want to say no and I understand if I did agree to an extension it would create a new tenancy which I definitely don’t want to do. I just wanted to check there hasn’t been any changes since COVID that I have to demonstrate I am being reasonable to the tenant and agree to any extension or can I just say no?

Answer

1 Comment

  1. guildy

    There is still the pre-action plan which says court should be a last resort and all attempts at avoiding should be made.

    However, it has no legislative weight in respect of entitlement to possession. What it can do though is delay proceedings if the court is busy. The theory being that those who have complied with the plan will be prioritised through the system.

    That beings said, we haven’t had any feedback either way about courts asking about the plan. It’s perhaps just there to delay as many as it can.

    It’s therefore your call but there’s nothing legally preventing saying no except there could be a delay (of longer than a week) if the court were to ask about actions taken.

    If you did agree to a week, it wouldn’t be that the tenancy is extended. That continues regardless until the bailiff attends or tenant leaves. All you’d be doing is not commencing proceedings based upon the notice for a week.

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