name of your landlord has to be on the tenancy agreement in order for it to be legal?

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    name of your landlord has to be on the tenancy agreement in order for it to be legal?

    I just read this from what looks like a very sound source.
    Is this correct???

    http://www.tenantstips.com/Home/Lega...t#.VDUSW-eH_-k

    #2
    good source...?
    hmm
    i don't think so as LL frequently retain LA to act/sign on their behalf although the L&T Act stuff is right re asking for details
    read the first paragraph and ask if this is a 'trusted source' or just more sad bloggers vilifying LLs due to their personal experiences

    Comment


      #3
      Since a tenancy agreement does not even have to be written in E&W I can't see this being correct:

      However since no rent is due without an address for serving notices (which must be in E-or-W) and whoever gets the rent or acts as agent must provide actual address & landlord name within 21 days (or criminal offence) I can't see there being an issue with tenant getting landlord's name (in theory). LL&T 1987 S48.

      Further, in any demand for rent LL name & address must be included: So agent can send letter saying "pay me the money" but that would be invalid without landlord name (LL&T 1987 S47)
      http://www.legislation.gov.uk/ukpga/1987/31/section/47

      I would have thought there were more pressing needs for tenants than this...

      Cheers!
      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


        #4
        Originally posted by blob View Post
        ... what looks like a very sound source.
        How can you tell?

        On the page you linked to they say that address must be in "England and Wales" then 2 lines below they say that it must be in the UK. Which one is it?

        Your link includes ".VDUSW-eH_-k". Are you an affiliate or the owner?

        Comment


          #5
          There's no need for a written agreement at all.

          I can't imagine how you could enter a written contract with an unidentified other party.
          Who does the agreement say you're renting the property from?

          And is this still to do with your issue with a lodger?
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            i just dont have any detail of the landlord.
            and wondered if not having a landlords name on the agreement made it void as thats what the thread implies..
            I thought with it being in a section "legal" that it must be right..
            yes it is to do with my lodger issues..

            Comment


              #7
              In which case...
              Originally posted by jpkeates View Post
              Who does the agreement say you're renting the property from?
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                it says im renting from the agent

                Comment


                  #9
                  If that's what is says, you are probably renting it from the agent.
                  Nothing to stop letting agents also being landlords.

                  If you know for certain that there is a landlord that the agent is representing,
                  the agent's made a bit of a mess of things.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Well yes i got confused because the agent has told me in person that the landlord has moved to london and that she is the agent but her name and adress is on the agreement titles "landlord"

                    Comment


                      #11
                      The agent has made a bit of a mistake.
                      While it's possible for them to be an agent for an undisclosed party, as far as you're concerned it means that the letting agent is your landlord.

                      What were you hoping to achieve if the agreement had turned out to be invalid?
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        I guess Im just trying to learn more what my options are..
                        its a terribly difficult time for me at the moment with my agent ( who lives next door)
                        Yesterday she came into my home accusing me of illegal activity, fraud and deceit. she left saying i would hear from a solicitor and will be section 8 asked to leave
                        Im thinking along the lines of even if we come to an agreement and she lets me stay, is it a demo of things to come.. am i going to get stress from her a lot as she lives next door. I dont have any intention of having any dealings with someone who makes a mountain out of such a trivial matter and happens to live next door..

                        Comment


                          #13
                          Well you've signed an agreement that's likely to be valid, so you can only change things if you both agree.
                          But it might suit both of you to cut your losses.

                          It might just all be a storm in a teacup, an agent can't issue a section 8 notice (or any other similar notice)
                          only the landlord can do that.

                          You don't have to let the agent or the landlord into your home if you don't want to,
                          and if they start to accuse you of things that aren't true ask them politely to leave and insist that they do.

                          I suspect (and I have no way of knowing so I am guessing) that the agent is your landlord - and they don't want you to know.
                          It would be an amazing coincidence to find yourself living next to your agent (and for a letting agent to want to rent out the property next door to them).

                          If you have paid a deposit, the landlord has to protect it and give you a formal set of documents (called the prescribed information) within 30 days of receiving it.
                          See who's name is on that set of forms - I haven't dealt with all of them, but the landlord is specifically required on the ones I have seen.
                          And if the information is incorrect (i.e. the agent has substituted their own name again) the prescribed information hasn't been served.

                          As others have said, you can write to the agent asking for them to confirm the name and contact address for the landlord.
                          They have 21 days to comply otherwise they're breaking the law.

                          If you want some more specific help, call shelter, who are really good at dealing with this kind of situation.
                          0808 800 4444.
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            thanks
                            youve been very helpful

                            you know what jp
                            your suspicions may well be right...
                            it would explain a lot..
                            the contract..
                            how emotional she is getting about the property considering she has tons of "other" properties"
                            the more i think about it, the more it makes sense

                            Comment

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