Q&As

A transaction completes subject to an assured shorthold tenancy (AST) with the tenant having been served a valid section 21 notice prior to completion. Does the seller or former landlord risk any liability regarding the AST post completion? The deposit was held in a tenancy deposit scheme and has already been returned to the tenant.

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 07/06/2018

The following Property Disputes Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A transaction completes subject to an assured shorthold tenancy (AST) with the tenant having been served a valid section 21 notice prior to completion. Does the seller or former landlord risk any liability regarding the AST post completion? The deposit was held in a tenancy deposit scheme and has already been returned to the tenant.

If the tenant fails to leave the property upon expiry of the section 21 notice, possession proceedings will have to be brought. As such, the incoming landlord will face the risk that they will not purchase the property with vacant possession, and that court proceedings will need to be instigated to obtain the same.

That being said, it also needs to be considered whether or not the incoming landlord is entitled to rely upon the section 21 notice served by the outgoing landlord. If not, the process will need to be started again and a fresh period of notice given.

Section 21 of the Housing Act 1988 (HA 1988) provides that notice can be served where an assu

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