Is a Section 21 notice required?

Landlord Discussion Legal
1

Apologies if this is common knowledge, as I am very new to this. From my understanding, a section 21 notice is required if I (as the landlord) want to gain vacant possession of my property (evict the tenant) and need to follow the legal process to do so.

But as the tenant has informed me, that they do not wish to continue their tenancy beyond the end of the fixed term and has given adequate notice (they have informed me two months in advance, even though the agreement only requires one month), then a section 21 notice should not be required at this stage. Is this correct?

So I am placing my trust in the tenant that they will be handing back the keys on their stated date. The wording in the OpenRent dashboard, makes it sound like I still need to give notice via section 21. I guess this is to protect against in case they don’t move out and I will need to wait a further two months for adequate notice to kick in?

2

It depends how much you trust the tenants word. Their notice has no legal effect so you cant rely on it at court.

1 Like
3

Thanks David,

My relationship with the tenant has been amicable up to now and nothing has indicated to me that they will be any trouble. But I know things could quickly turn sour, so will tread carefully.

If it is not specifically needed at the moment, then I think I will maybe hold fire for the time being. I have arranged a meeting with them later this month to do an initial inspection before deciding if I need a formal checkout and see how things go.

4

This topic was automatically closed 90 days after the last reply. New replies are no longer allowed.