Updating post from Reddit.
Hi all,
I'm an overseas landlord and my tenants in London have given notice that they’ll be leaving at the end of their fixed-term tenancy (Oct 11th, 2025).
I don’t want to re-let, as I plan to sell the property. I'm considering flying over to get it ready for sale and do any improvements needed.
However, I’m unsure if I should serve a Section 21 now (even though they’ve already given notice), just to be legally covered. The estate agency says it’s not mandatory, but recommend it in case they don’t vacate—and it costs £180 to serve it.
Would you recommend serving it anyway for peace of mind?
Any thoughts or experiences would be hugely appreciated. I’m trying to plan everything from abroad and not make any costly mistakes.
Thanks in advance!
Hijacking this post to ask — in this situation, what are the benefits of serving a s21? Why should I bother with it, if the tenants are leaving anyway?
If they fail to leave on time after giving notice, would the s21 be required to get the courts (and bailiffs) involved, so this is a preemptive action if they fail to leave as promised?
Given that an s21 requires costs and effort, is it really necessary?
It's exactly what you said.
If you serve it now then the 2 months starts ticking.
If you wait until the fixed term ends and they decide not to move out then you have to start the clock there.
Most estate agencies don't charge to serve a section 21, so it doesn't impact you, however the OP is getting fleeced.
Hi. Yes do serve it. Damn cheek on behalf of THE EA. Mine didn’t charge for this last time I needed to. Also do check they serve gas cert right to rent and epc
Let the tenant know beforehand
You only need serve it 2 months before
Thanks for the advice! Why do you think it'd be better to let the tenant know beforehand?
They sound decent and it can be a bit of a scare
Following some advice (including helpful comments here), I’ve decided to serve the Section 21 notice —just for peace of mind. I’m considering doing it myself to save the EA fee. Is it crazy to try doing it on my own? If anyone here has done it and has tips, I’d love to hear them!
If a tenant serves notice and then doesn’t leave they become a trespasser in the property and can be dealt with accordingly. As far as I’m aware you can also charge double the rent under something called the ‘distress for rent’ act.
Your agent charging for a Section 21 is disgusting!
I think that act is rarely enforced and only applies in very specific situations :(
A quick Google came up with this on a law site:
The rules are;
The tenant must have served a proper valid notice to quit, which has been accepted by the landlord The double rent can only be charged on a daily basis for the period of time the tenant overstays It cannot be used if the tenant just fails to return the keys It cannot be used if the tenant just stays on after the end of the fixed term (in which case in most cases a new periodic tenancy will arise)
Also no need for a section 21 as the tenants have given you notice. You’ll still need to go through the courts to evict if they don’t go but as they were the ones giving notice they’ll be trespassing as their notice means their tenancy has already ended.
It’s enforced more than you think. It’s one the oldest laws still in the books. It applies when the tenant overstays their own notice.
You can charge mesnes profits, because accepting a rent payment forms a tenancy, at double the normal rent amount calculated at a daily pro rata rate until the ex tenant vacates.