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Rufus104 said: Posted on: 05/09/2018 11:48

We have tenants whose tenancy ends officially on 10th September, but who asked to stay on and pay rent up to 23rd September, which we agreed to. We secured new tenants over a month ago who paid a holding fee and signed the new tenancy to commence 28th September.

The current tenants have just contacted us to say they are unable to move to their new property as the tenant there has been advised to stay put as she was being moved by the council to a new build which should have been completed by 17th September, but is delayed. They believe this delay could be up to a month, but nothing is certain.

Our tenants have been advised in turn by the council to stay put in our property as they have children and nowhere else to go until their rental is freed up. Apparently the council have said that if we are not happy with this situation we should serve them a section 21 notice with 2 months to leave, and that this would be lawful.

As the tenancy officially ends on 10th September, I would have thought that a section 21 would have no validity at all.

Please could you advise me.

Many thanks

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