Whose name on S21?

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    Whose name on S21?

    I own a rental property jointly with my spouse (and the rental income is declared for tax as half each).
    However, because I deal with everything to do with letting, the rental contract has my name only as LL.
    (Laziness.)

    Does anyone know which name or names needs to go on S21?
    Mine, to match tenancy agreement?
    Or both, to match actual ownership?

    Thanks in advance if anyone can help.
    I wouldn't want this to fall over if I have to go to court...

    #2
    Originally posted by slopemaster View Post
    Does anyone know which name or names needs to go on S21?
    Mine, to match tenancy agreement?
    Or both, to match actual ownership?
    .
    As you know, it's your name that first has to be on the S21. which of course matches the A.S.T.
    The S21 is only a notice to request the tenant to vacate, and does not need all the owners and directors with a share in the company to sign it / be mentioned on it.

    You may be a corporate firm with 10 directors all having an equal stake in the company and all 10 owning the company, but you don't need 10 names signing it.

    What you do need is both names on any court proceeding. The second name ( the wife ) is just incidental, but best to have both names on any court documentation, but the judge will look at the AST, and court documentation and see your name on both, and that should suffice, and your wifes name is suggested to be added, ----- just in case.

    Comment


      #3
      If you're not joint landlords, you can't jointly receive the income.
      If the OP is the sole landlord, the OP receives all the income.
      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


        #4
        Well, the income is paid into an account in my name.
        But we declare half each, as I think this is what we have to do as we jointly own the property and are married.

        Comment


          #5
          Forget about tax etc etc.

          I don't know of any legislation that states the name of the landlord has to be on the Sec 21.
          Simply put the name of the landlord on the Sec 21 as it appears on the tenancy agreement.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            s21 should be OK with OPs name only as LL.
            However, I would seek advice from a Tac Accountant on who is responsible for for declaring rental income / receieving allowances.

            Comment

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