Is this s.21 Notice valid?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Is this s.21 Notice valid?

    Basically, my tenant moved in on 26th Nov 2007. I used local agent to find my tenant on a 'tenant finding service only.' They charged me £300. I now wish to serve my tenant his notice under sect 21 ( 4 ) a as it's a periodic tenancy. I will serve it tomorrow 21st Jan stating I require notice after 25th March. Now, this is where I wonder does it get tricky. The tenancy agreement was between ' xxxx xxxx lettings ltd ' and my tenant.
    When I serve the notice can I put MY name to serve but THEIR address ( as I don't want tenant knowing my home address ) as landlords address ( they say it's ok to put their address by the way ) or will a judge say the agreement was between tenant and lettings co. and THEY should have served it. Or do I need to put my name as landlord and MY home address ?Advice asap please , (especially you Jeffrey )

  • #2
    Who is L- the limited company (C) or you?
    C granted the tenancy- yet you say that T is your tenant!
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      I am going to assume that at the time the letting was granted the OP owned the property, but that the letting agent drew up the tenancy agreement showing the letting agent to be the landlord. This is not altogether unheard of. The fact remains however that the OP is the landlord and not the letting agent. The notice should therefore be served with the landlord's name in it. The OP can (presumably) prove that he is the owner and show that the agent was just an agent.

      Comment


      • #4
        Originally posted by Lawcruncher View Post
        I am going to assume that at the time the letting was granted the OP owned the property, but that the letting agent drew up the tenancy agreement showing the letting agent to be the landlord. This is not altogether unheard of.
        Possible- but, for a "Tenant Find Only" service, unlikely?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          Originally posted by jeffrey View Post
          Possible- but, for a "Tenant Find Only" service, unlikely?
          You are assuming that the lettings agents knew what they were doing.

          (I make no observation on whether it is wise to assume that lettings agents know what they are doing.)

          Comment


          • #6
            Originally posted by Lawcruncher View Post
            (I make no observation on whether it is wise to assume that lettings agents know what they are doing.)
            Of course not. We may think...but you could not possibly...
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


            • #7
              Sorry for any confusion. Not sure what OP stands for but I own the property, a small flat ( 395 pcm ) in joint names with my husband. Agent found me a tenant, drew up the tenancy agreement, and in the place where it says ' letting agreement between ( my teneant ) and ..... they put THEIR company name. Obviously I can prove I own the peoprty. So I hope I've cleared things up a little....sorry! So I refer to my original question.....do I have to put MY personal home address ? Can I sign it ? Or would a judge say the letting agent should have filled it all in AND serve it. Many thanks all..

              Comment


              • #8
                Still not sure whether the issuing of this section 21 would stand up in court. Advice....please.

                Comment


                • #9
                  Originally posted by shirleyb View Post
                  Not sure what OP stands for.
                  OP= Original Poster (member who started thread); that's you.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                  • #10
                    OP.. original poster excuse my ignorance. Yes I owned the property at the time of granting the tenancy but agent put their name address etc as landlord. I'm assuming from the replies therefore that I should put MY name and MY home address as landlord as I serve the notice....don't want judge to throw it out on a technicality ( hopefull wont go that far )

                    Comment


                    • #11
                      Originally posted by shirleyb View Post
                      OP.. original poster excuse my ignorance. Yes I owned the property at the time of granting the tenancy but agent put their name address etc as landlord. I'm assuming from the replies therefore that I should put MY name and MY home address as landlord as I serve the notice....don't want judge to throw it out on a technicality ( hopefull wont go that far )
                      Yes. You own; so
                      you are L; so
                      you let; so
                      you show your own name as L; and
                      your address can be either your home or elsewhere (but it must be in England&Wales, as a service address).
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                      • #12
                        Jeffrey.. many thanks. that's put my mind at rest.so I can put the agents office address down...wouldn't have wanted tennant knowing my home address...thanks again.

                        Comment

                        Latest Activity

                        Collapse

                        Working...
                        X