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Section 21 or notice

7 replies

herecomesthestepper · 23/07/2024 22:38

We have decided to sell our rental property.
The tenancy agreement terms permits us to serve a section 21 with two months notice.
We would like to give our tenants more notice to find somewhere else before serving the S21. It seems rather harsh to receive a s21 out of the blue.
However, we don't know them very well (all done via a letting agent) and we are wondering whether there might be any potential downsides to giving notice of our intention to sell prior to a S21.
Would anyone have advice? Thank you.

OP posts:
AnotherEmma · 23/07/2024 22:47

As a landlord you should know this stuff, but since you don't - a section 21 notice does not force the tenant to leave by the 2 month deadline. The tenant is within their legal right to stay beyond that deadline. If they do you could then apply to the court for a possession order. If I was a tenant and hadn't found another place by the two months, I'd stay put. However, not all tenants know this.

By all means give them a heads up that you want to sell and intend to issue a S21 notice. You never know, they might be interested in buying it - depending on their situation of course.

Your lettings agent should advise you really, although I don't have much faith in them, you are presumably paying them...

LuckysDadsHat · 23/07/2024 22:48

Downsides for you are they could give 1 months notice immediately and move leaving you with a big void period while you are trying to sell. I am not a fan of landlords having their cake and eating it though so you can't expect the tenants to move out on your timeline. I personally would send the S21 as they may not love out at the end of it and then you will have to go to court etc..... they also do not have to allow you to do viewings (even if it's in the tenancy agreement as that clause doesn't overrule their right to quiet enjoyment of the property) so you may have a long wait until you can market the property. You could ask the agent to only sell to an investor landlord but with the market currently you could have a long wait.

herecomesthestepper · 23/07/2024 23:03

Thanks all.
Yes, we have read info pertaining to S21 and understand the tenants may elect to not move at said date.
The query relates to any potential downsides in giving advance notice of the S21 to help the tenants. Having read the link, theoretically the tenant could claim a repair is needed to seek grounds for 'revenge eviction'.

OP posts:
Sunshineafterthehail · 23/07/2024 23:09

Our ll is offering us a moving costs incentive. But because she is a rogue woman who can't legally issue a section 21... And she can't take us to court without getting a fine herself. We are looking frantically as we need to be settled. Have known she is selling since November.. Don't be her and tell your tenants 3 weeks before Christmas.... Bitch.

AnotherEmma · 23/07/2024 23:11

Sunshineafterthehail · 23/07/2024 23:09

Our ll is offering us a moving costs incentive. But because she is a rogue woman who can't legally issue a section 21... And she can't take us to court without getting a fine herself. We are looking frantically as we need to be settled. Have known she is selling since November.. Don't be her and tell your tenants 3 weeks before Christmas.... Bitch.

Just don't move then, she can't evict you!

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