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Can you advise me on one or two points regarding the issue of section 21 notices being issued at the start of a tenancy. 1. Apparently various mortgage lenders insist on seeing a copy of the section 21 along with the agreement at the start of a tenancy. 2. We only ask our tenants for one month's notice before the expiry date. Should we ask for two months, meaning that when they give us notice we can immediately issue the section 21 notice which will then coincide with the expiry date. Thereby, the landlord would be covered should they not leave when they say they are going to, in case we have already found a replacement tenant or the landlord has found a buyer. 3. Do other agents normally ask for two month's notice? |
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1. Do as they request and issue a section 21 at the start of a tenancy. However, I would suggest re-serving two months before the end of the tenancy. There are so many things that could have happened during the term which could be argued to invalidate the notice. Be aware that the section 21 notice cannot be correctly served before the start of the tenancy (you can't serve a notice to end what does not yet exist). 2. There is little advantage to changing to two month's notice unless the landlord wants the tenants out. In practise if they fail to go, whether you have served notice or they have, you will have to go to court to get possession. If you have someone lined up to take possession immediately following their departure even a few days can be critical. It is a good example of where a negotiated solution is more likely to be effective. 3. Some agents do ask for two month's notice. It should, however, be noted that this requirement lapses with the end of the fixed term. They would therefore not be bound by it during a statutory periodic tenancy (they would have to give one month's notice if they pay a monthly rent). |