Getting a tenant to sign section 21 upon signing new tenany agreement.

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

    Getting a tenant to sign section 21 upon signing new tenany agreement.

    Hi All,

    A friend of mine recently moved into a new house,

    The day he signed his tenancy agreement the letting agent also got her to sign a letter stating she has been served with a valid section 21 notice.

    Is this normal?

    Thank you in advance.

    #2
    Yeah, it is normal, but silly of the agent as the section 21 cannot be issued until the deposit has been protected and various paperwork sent to the tenant. Presumably your friend paid a deposit?

    Comment


      #3
      Thanks for your quick reply.

      Yep she has.

      So if it cannot be issues until the deposit has been protected does this make the notice invalid?

      I thought it was quite strange to be honest.

      Comment


        #4
        It is normal, but I hope your friend dated her signature (for the reason mentioned by JK0).

        Comment


          #5
          I will give her a call and find out.

          Comment


            #6
            Only the Judge can rule if s21 is valid:
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Originally posted by vicks View Post
              A friend of mine recently moved into a new house,

              The day he signed his tenancy agreement the letting agent also got her to sign a letter stating she has been served with a valid section 21 notice.

              Is this normal?
              'Stupid' would describe it better than 'normal'.

              As others have said, a s.21 notice will not be valid if it served before any deposit paid has been protected, and before the prescribed information has been given to the T.

              It will also be invalid if it is served before the tenancy actually begins, and legally it begins when the T physically moves in/takes possession.

              I'd assume the agent got him to sign the contract/letter before he moved in (?) Even if the paperwork was done after he'd moved in, the date on the letter wouldn't prove whether it was given before or after your friend moved in.

              (But valid or invalid, a s.21 notice doesn't end the tenancy nor oblige the T to vacate at notice expiry; it just entitles the LL to apply for possession after notice expiry. If the notice is invalid, the LL's application will fail).

              Comment


                #8
                She signed it at the same time she signed the tenancy agreement and moved in the day after.

                I'm waiting for her to call me back with more info as I find it rather odd that someone would do this before the tenant has even moved in.

                Comment


                  #9
                  Originally posted by vicks View Post
                  I'm waiting for her to call me back with more info as I find it rather odd that someone would do this before the tenant has even moved in.
                  It may seem rather odd that someone would do this, but we are talking about a letting agent here .

                  Comment


                    #10
                    True...

                    Comment


                      #11
                      Just an addition to vicks question.

                      I give my tenants the prescribed information at the time of them signing the tenancy agreement, I usually explain what they are. Then I will protect the deposit at my leisure after they have moved in. (Within the time limit of course). Can anybody see a problem with doing it this way?
                      I offer no guarantee that anything I say is correct. wysiwyg

                      Comment


                        #12
                        Originally posted by vicks View Post
                        She signed it at the same time she signed the tenancy agreement and moved in the day after.
                        Then the notice is unquestionably invalid.

                        I'm waiting for her to call me back with more info as I find it rather odd that someone would do this before the tenant has even moved in.
                        Not really. Most agents haven't a clue about the law.

                        Comment


                          #13
                          Originally posted by jta View Post
                          Just an addition to vicks question.

                          I give my tenants the prescribed information at the time of them signing the tenancy agreement, I usually explain what they are. Then I will protect the deposit at my leisure after they have moved in. (Within the time limit of course). Can anybody see a problem with doing it this way?
                          Not at all.

                          Comment


                            #14
                            Thanks guys for the info so far.

                            I will let you know more info when I speak to her, Ill also try get a copy of the letter.

                            Its not really an issue just strange.

                            Comment


                              #15
                              Had an agent insist he accompany me with an eviction not so long back, stuck up, rude and a general know it all. As soon as it kicked off and a chair came through the window he couldn't leave fast enough. Hes never asked to come out again.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X