LL's Name and Address

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    LL's Name and Address

    I know that even if issued by managing agents, demands for payment must show the LL's name and address.

    Question 1: Does this also apply to S20 Notices?

    Question 2: Does this also apply where the LL is a Local Authority?

    #2
    Originally posted by Perplexed View Post
    I know that even if issued by managing agents, demands for payment must show the LL's name and address.

    Question 1: Does this also apply to S20 Notices?

    Question 2: Does this also apply where the LL is a Local Authority?

    See definition of "Landlord" for notices served under S20 consulations -

    http://www.lease-advice.org/publicat...nt.asp?item=19

    Comment


      #3
      Yes sort of.

      1: It is best practice that an agent acting for a landlord should make it clear that the notice is being given on behalf of the landlord,and the model notices provide for that. It is however not entirely fatal to omit it.
      2: The Regulations require that" the Landlord" does everything in the notice. If their agent does it, then they cannot say that " they" are giving notice but, as in 1, that they do so as agent. An exemption of course is where the agent is the named party of the lease manager( or successor to them ).

      If they do not, then they run the risk of having to convince an LVT that their involvement as Agent was already clearly understood or that they were contracted to do so. Bear in mind that the majority of contracts are as Agent.....

      The same applies to a council and if a third party is involved. If it is the rare beast where they still manage their stock then they are the landlord. An ALMO is an agent, but a PFI company would normally be designated as the landlord even if they do not own the stock. The former would act in the same way as a private sector agent, but the latter would give notice as landlord in the same way that an RTM would do.

      In simple terms if A is the landlord but B has produced a notice, has the landlord complied? Unless they are clear, or the relationship is understood, then there is a risk.

      In the case of a local authority property there is little chance of making the point. That said it's worth making a written determination request.
      http://www.legislation.gov.uk/uksi/2...0031987_en.pdf
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

      Comment


        #4
        Originally posted by leaseholdanswers View Post
        Yes sort of.

        1: It is best practice that an agent acting for a landlord should make it clear that the notice is being given on behalf of the landlord,and the model notices provide for that. It is however not entirely fatal to omit it.
        2: The Regulations require that" the Landlord" does everything in the notice. If their agent does it, then they cannot say that " they" are giving notice but, as in 1, that they do so as agent. An exemption of course is where the agent is the named party of the lease manager( or successor to them ).

        If they do not, then they run the risk of having to convince an LVT that their involvement as Agent was already clearly understood or that they were contracted to do so. Bear in mind that the majority of contracts are as Agent.....

        The same applies to a council and if a third party is involved. If it is the rare beast where they still manage their stock then they are the landlord. An ALMO is an agent, but a PFI company would normally be designated as the landlord even if they do not own the stock. The former would act in the same way as a private sector agent, but the latter would give notice as landlord in the same way that an RTM would do.

        In simple terms if A is the landlord but B has produced a notice, has the landlord complied? Unless they are clear, or the relationship is understood, then there is a risk.

        In the case of a local authority property there is little chance of making the point. That said it's worth making a written determination request.
        http://www.legislation.gov.uk/uksi/2...0031987_en.pdf
        Well, it's a PFI but the notice states that the PFI company is acting on behalf of the LA, which it names, although the LA's service address is not given.

        Additionally, there are two PFI companies as the PFI was introduced in two waves, involving different properties, let's call them PFI 1 and PFI 2.

        My property falls under PFI 2, but I have just realised that they always wrote to me using the headed paper for PFI 1, which of course is a separate legal entity, with a different company registration number altogether.

        So now I am wondering whether that might also invalidate the notice...

        Comment


          #5
          Originally posted by Gordon999 View Post
          See definition of "Landlord" for notices served under S20 consulations -

          http://www.lease-advice.org/publicat...nt.asp?item=19
          That booklet relates to private landlords. However,they do another one for local authorities.

          Comment

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