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Do I have to serve a section 21?

10 replies

Greenwish · 11/08/2022 21:49

I need to move back into my flat that is currently let out due to my relationship ending. The tenancy ends in December but my letting agent has told me that I need to serve a section 21 notice to the tenants in any case, and they will charge me £150 to do this on my behalf. I just wanted to check that this is correct and they’re not just trying to get more money out of me (on top of the £150 check out fee they also charge to check the flat against the inventory etc). Why can’t I just not renew the tenancy when it ends? Many thanks in advance for any advice.

OP posts:
Bagzzz · 11/08/2022 21:57

Yes
Government info and Shelter

MoveBitch · 11/08/2022 21:57

If you don't renew a tenancy it just rolls on, on a month by month tenancy.
If you want your tenants out you have to serve notice correctly

PettsWoodParadise · 11/08/2022 21:57

You still need to serve notice otherwise the tenancy will become a periodic (rolling) one. Check the tenancy agreement itself for further clarification.

I don’t understand the question about why can’t you just renew the tenancy as that doesn’t tie in with you wanting to move back in.

PritiPatelsMaker · 11/08/2022 21:59

Why do you want to serve a S21 if you want to renew the tenancy? The two aren't compatible.

LionessesRules · 11/08/2022 22:05

You need to serve notice if the tenancy isn't to be renewed.
We didn't have to pay extra for it tho.
You are aware you are unlikely to get the flat back earlier than December, yes?

PritiPatelsMaker · 11/08/2022 22:08

How to evict tenants should take you through everything you need to know. I'd always advise reading through this.

IhateJan22 · 11/08/2022 22:09

Yes you do, being charged £150 to do so is wrong though if you’re paying a monthly fee.

SausageinaBun · 11/08/2022 22:10

Can you not do it yourself to save the fee or is it in your contract with the agent?

Greenwish · 12/08/2022 09:23

Hi thanks for the replies.

to those asking why I want to renew the tenancy, I didn’t say that, I said why can’t I just not renew the tenancy.

and thanks for the explanation to those who explained why I can’t, ie it will just turn into a rolling contract.

I think I could serve it myself but it’s better for a solicitor to do it apparently whether that’s one I instruct myself or by the letting agent, to be sure that it’s done correctly, legally.

OP posts:
PettsWoodParadise · 12/08/2022 10:38

I self manage, agents in my experience are more work than doing it yourself (and I work full time) and you don’t need a solicitor to issue a s.21 if you’ve done your homework. However your agreement with the agent may not permit you to pick and choose which elements you do yourself.

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