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Question

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

House sale fell through, new offer accepted.

22 Jun 2021 | 1 comment

I served a Section 21 on tenants of a property that the landlord is selling.

They have a 12 month tenancy (started 10th July 2020) with a 6 month break clause so notice was served on 12th November for the tenants to vacate by 17th May 2021. The landlord has said he wouldn’t expect the tenants to move out until the sale was completed. The purchaser had wanted to keep the tenants so all was good.  That sale fell through last week almost at completion stage but the landlord has today accepted another offer on his property but this new purchaser wants to live in the property himself.

The exisiting landlord is asking what his position is now regarding the tenants and notice. Presumably the original Section 21 is only valid for 10 months from service, so mid September. Should the tenants struggle to find alternative accommodation before the sale completes, must the exisiting landlord go to court to evict the tenants?

 

Answer

1 Comment

  1. guildy

    You’re right, the notice only lasts 10 months from service so the landlord would need to apply to the court well within that time (ideally August to avoid any scrutiny or risks with post etc.) otherwise, the notice will be lost and have to be re-served. Even then, it could easily take several months to obtain possession due to the backlog so the landlord may wish to start in good time if thinks necessary.

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