OpenRent Community

Section 21 help

Hello,
My tenants AST ran out on 4th November 2017. On 6th October they were issued with a section 21 which has been continuously renewed with both parties agreeing on an expiry date of [5 September 2018](calendar:T2:5 September 2018). Yesterday the tenants gave one weeks notice and want reimbursing for rent paid up until 5 September. Am I obliged to refund them? Does the issue of a section 21 rule out a periodic tenancy? In the original tenancy agreement if the tenancy agreement is not renewed and becomes a periodic agreement, 4 weeks notice has to be given by the tenants.

Hi — what do you mean by the section 21 has ‘continuous renewed’? Have you served it multiple times?

Tenants have to give the amount of notice specified in the tenancy agreement, or 1 month minimum if there is nothing in the agreement. Or if you and them agree, they can move out whenever you both agree.

If the tenants haven’t served notice properly to move out, then you can keep charging them rent for the period until they do serve notice and that notice expires.

Hi Michael

Thanks for your response. The original AST expired on 4 November 2017 and was not renewed. I believe it automatically become a periodic tenancy agreement but a section 21 (in England) was served at this time which has been renewed every few months. On 9 April 2018 we mutually agreed on an expiry date of 5 September2018 and a new section 21 was served.

No problem - ok. So it sounds like you don’t have to refund the tenants anything.

You can keep charging them rent until the Section 21 expires (and they move out, which they probably already will have done).

So if you’ve already taken that rent, then just keep it. Tenants can’t serve 1 week’s notice in a rolling contract. It has to be a month (unless there’s a clause in your contract saying 1 week, but that would be insane).

The tenants moved out yesterday and the letting agent is insisting I reimburse them under section 21c. I’m confused! Unless there’s a loop hole and I’m missing something. How can they get away with giving a weeks notice when the original contract states 4 weeks?

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You need a new letting agent , contracts are there for a reason