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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 70302
Experience:  Over 5 years in practice.
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Section 21 served, period ends May 31st. Tenants have advised

Customer Question

Section 21 served, period ends May 31st. Tenants have advised they are not moving out. While I take court proceedings my understanding is that I can continue to collect their share of council tax but not any rent. They are saying they will pay rent until they move . My understanding is if I do not return any monies paid as rent less any arrears to the end of Section 21 period, a new tenancy will be created ?
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
They are liable if they are living there.
Even if a new agreement is created it will only be a periodic agreement and you can rely upon the S21 notice already served to evict them.
You are perfectly free to collect rent. It is what the court will order anyway.
Can I clarify anything for you?