UK Landlord Forum / Life

Hi guys, just a quickie, but a confusing one! I'm an agent and I've been instructed by my landlord to serve his tenants a Section 21 notice of possession as he wishes to sell the property. The tenancy expires on 15th September 2015 and the landlord wishes to regain possession from then on. He wants to 100% serve a section 21 but the minimum notice is two months, yet the tenant's tenancy expires in just over ONE month. The tenants are willing to move out but will stay in the property subject to negotiation, but the landlord is confused whether he wants to keep the tenants in the property after all and sell the property with tenants in situ (after renewing or letting the tenancy rolling on to a SPT) or have the section 21 prevent them from extending/rolling on. It's such a confusing situation and can't properly describe it! Basically the landlord 100% is selling and serving a S21 (IF the s21 can be served with under 2 months notice) and is also wondering whether the S21 can be waived with mutual agreement between the landlord and tenant. Thanks 

(Closest and easiest example would be Tayleur v Wildin but with the landlord wanting to waive his notice)

Can a Section 21 be waived (I wonder if you mean not followed-through with) if there is mutual agreement between the two parties? Of course.

Can a Section 21 be served with under 2 months notice? I think you know the answer to that.

Thanks, yes I did mean not followed through with. Do you know of any section 21-esque things that can be served without any type of notice? I highly doubt they exist but worth a try. The landlord told me earlier this evening he wants to sell with vacant possession but he's messed the tenants around and they now don't want to move as they were told they could renew their tenancy. (I know it's not the tenants property, it's the landlords) I'm guessing a court order and bailiff action are the only ways now? 

£££s.

Quote from: smcclk87 on August 11, 2015, 10:21:14 PMDo you know of any section 21-esque things that can be served without any type of notice?

I'm trying to figure out if you're serious... I can't decide so I'm going to err on the side of caution. You just want to evict Tenants without notice, is that the question? The answer is "no" unless you want to be up on a charge of illegal eviction risking a large fine and potential imprisonment.