Rented house - S21 'Notice to quit' served. Do we have to reply?

[DiamondEcho]

We're in a rented house on a 12 month Assured Shorthold Tenancy. With about two months left on the term we have been served a Section 21 Notice, to depart at the end of the term - end January.

It was issued by e-mail and also by hand so I'm assuming it's properly served. (But that isn't my concern as we'll be happier living elsewhere). What I'm wondering is whether there is any requirement that we acknowledge receipt of this Notice or 'agree' to it?

Nothing in it suggests such a requirement. If the agent were to ask us for any form of acknowledgement, how might I best respond?

Thanks. De

[88V8]

If the agent were to ask us for any form of acknowledgement, how might I best respond?

If you don't have any problem with it, send them a Christmas card.

V8

[Lootman]

There is no need to respond, in the sense that it does not disadvantage you. You would satisfy and comply with the notice simply by leaving on the stated date.

If you intend to overstay that date then again you do not have to inform the LL about that, although then you might of course face a court battle. So in your position I would not respond if intending to leave by the required date. But I would initiate a discussion if you wish to overstay. The LL might be OK with that if mutually discussed, as long as he knew you were still definitely going, as he will not by choice want a possibly expensive, risky and time-consuming court battle.

In my decades as a landlord, I never had a tenant refuse to leave on the date I specified, and I didn't even bother with formal S21 notices. I just had a chat with the TTs usually, and put it in writing if requested. Sometimes I would agree a later date for good cause.

[Arborbridge]

No legal need to respond, but there's probably an advantage in doing so, just to keep the conversation going. You never know, it may pay dividends in the future concerning speed of deposit coming back and a good reference.

By coincidence, I am in the opposite position, having this weekend had a difficult conversation with a tenant. I've decided to sell a flat, and I have never had to ask anyone to leave - I have always sold when the tenants themselves have decided to leave. These days, no one seems to want to leave, so it's become necessary to ask them to. I hate doing it, especially as I feel this tenant may find it difficult to find anywhere.

Sorry: not trying to hijack the thread.

Arb

[modellingman]

No, as Lootman has noted you don't have acknowledge receipt of your notice, though it is quite possible that the landlord (or agent) will contact you to ascertain whether you are planning to leave (or "relinquish possession" in the jargon) as set out on the notice. You are under no obligation to respond to any such enquiry (despite what your tenancy agreement might say) or you can tell them to "wait and see" if you feel like it.

It is worth noting that for a Section 21 notice to be valid there are a number of conditions that must be satisfied, including:

• A valid gas safety certificate has been issued to you
• A satisfactory periodic electrical inspection report has been issued to you
• The "How to Rent" booklet has been issued to you
• A copy of the Energy Performance Certificate has been issued to you
• If a deposit has been taken it must comply with the Tenancy Deposit regulations and have been protected within one of the statutory schemes
• The notice must be made on Form 6A (or in a written form providing the same information)
• The notice cannot require you to leave before the end of your fixed term and must provide you with at least two calendar months notice.

Of course, you are not required to leave on the notice date and it is always possible to try and negotiate an earlier or later leaving date. If you don't leave on the date set out in the notice then the landlord can apply to a court for an accelerated possession order which will probably give you several more months before a court orders you to relinquish possession.

IANAL but I am a landlord who has been though the process of issuing Section 21 notices and, on one occasion, an application for an accelerated possession order (which went my way). The above applies in England. Rules in Scotland, Wales and Northern Ireland may differ.

modellingman