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Question

Landlord Wants Tenant to Leave (England)

S.21 notice and tenants

21 Apr 2017 | 3 comments

I served a S.21 notice on my tenant on 03/04/2017 with the stated last day being 08/06/2017. He has rent arrears and has made no attempt to pay his top-ups since the start of his tenancy despite agreed dates and amounts with him. His mother (who is guarantor) has asked that if she pays his arrears off in full and the tenant now pays his 4-weekly top-ups, will I cancel the S.21. Apart from financial, we have experienced no other problem with the tenant. Is it possible to keep the S.21 live and agree that provided by 08/06/2017 the tenant has no rent arrears and has kept up his top-ups, he can stay, however if at that date he has missed any payments he still has to leave? I have read somewhere that a S.21 is valid for six months but I wasn’t sure if by stating that last date of 08/06/17 it automatically expires on that date.

Answer

3 Comments

  1. guildy

    Where the tenancy was granted on or after 1 October 2015, the section 21 served must be acted upon within 6 months of when it was served (so approximately 4 months after expiry). Beyond that date, a new section 21 is required if court proceedings haven’t been commenced.

    You could therefore safely say that the notice will be withdrawn in 4 months after expiry if arrears are still clear because the law does that anyway.

    Please see here for full details.

  2. sambam47180

    Hello Guildy
    I may also be in this position very soon however, the last AST for my property was signed in Sept 2015, so how does this change the situation with issuing a S21, then cancelling it if the tenant makes up her rent arrears?
    Many thanks

    • guildy

      If you “cancel” the section 21, a new one will always be needed. However, if you do nothing, a section 21 notice served under a pre October 2015 tenancy will continue and be able to be used until October 2018. In 2018, the 3 year transition will end and all section 21 notices will fall under the same rules as if the tenancy had been granted on or after 1 October 2015.

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