Section 21 - informal extension

Landlord Discussion Legal
1

Hello all,

New poster here. I served a Section 21 notice on my tenant, and the tenant is still in the property (beyond the stipulated exit date). I have provided an extension to this via email to mid-October. However, I’m unclear whether this extension prevents me from seeking a possession order via the courts, or whether I have to wait until mid-October before I go down this route.

Some specific details:

  • The Section 21 notice was served in July, so it is still valid. The date on the notice (after which I could apply for a possession order) was a day in September
  • The exact wording for the informal extension was 'I will provide an extension to the exit date - the new date is midday on XX XX October 2022, which is an extension of XX weeks.

I’m concerned this informal extension has invalidated the notice and therefore I’ll need to start again.

2

The s21 notice is only valid for 6 months. Your email offering an extension was unwise and unnecessary. You could simply have delayed court action. I thjnk the notice means you are now estopped from seeking possession until after this time.

3

Thanks David - when you refer to ‘this time’ is that October 15th, or the whole of the s21 period of 6 months? If it’s the former that is fine, if it’s the latter, sounds like I would be better advised to serve a new s21?

4

No only until October 15th

5

Thanks for confirming, appreciated.