Address on section 21

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    Address on section 21

    Quick question for you guys.

    Served a section 21 about a month ago and have just realised I have a different address on notice to tenancty agreement. Original agreement is around 4 years old and had my home address , but I have since rented an office and section 21 has office address.

    Are judges that finnicky to throw it out when i apply for accelerated posession?

    My name is on both agreement and notice and hence signature is the same.

    I would have thought it should be ok as people move offices but just wanted to check.

    For the record I don't think the tenant will defend the proceedings as she is pregnnt and wants appropriate housing from the council who will not provide unless I evict.

    Thanks in advance for any help that can be offered.

    #2
    I can't see any problems.

    It is clearly perfectly normal for a landlord to move house from the start of a tenancy agreement.

    Comment


      #3
      ah84: did you serve new s.48 Notice on T? If not, you are in breach of LTA 1987 and may fail in your procedings.
      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


        #4
        Originally posted by jeffrey View Post
        ah84: did you serve new s.48 Notice on T? If not, you are in breach of LTA 1987 and may fail in your procedings.
        I presume this is an official change of address for notice of proceedings. If this is the case the answer is no , however the address on the original tenancy agreement is still my home so wherever the tenant writes to me I would receive it.

        So are you saying that even if the tenant does not object to proceedings the judge will note different adresses on section 21 notice and lease and throw it out?

        Comment


          #5
          Yes the judge probably would. Serve S48 notice now and that should suffice, although it'll be down to the judge on the day.

          Comment


            #6
            Originally posted by attilathelandlord View Post
            Yes the judge probably would. Serve S48 notice now and that should suffice, although it'll be down to the judge on the day.
            Is there anywhere to get a section 48 notice or is it more a case of writing a letter stating for the pruposes of section 48 the address for service is x.

            As for being up to the judge are you saying that for acelerated possession i should be sending in the section 48 notice along with the other documents? Might be best not to date it then?

            I would have thought the judge should let it go unless the tenant objects. How would the judge know I have not served a section 48 if the tenant does not contest proceedings? Additionally as I stated earlier I can still receive any correspondence at either address so it is not as if the tenant has no way to contact me

            Comment


              #7
              Not a standard form; letter should suffice.
              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


                #8
                Doesn't the landlord merely have to provide an address where notices can be served? I don't read anything that says it has to be a home address, just an address where the landlord can collect mail.

                Comment


                  #9
                  Yes. Section 48 of LTA 1987 requires only an address in E&W at which L can be served with T's Notices. It need not be a home address.

                  BUT - and this is important - s.3 of LTA 1985 imposes on an incoming L a separate duty to inform T of
                  a. his acquisition of the outgoing L's interest, and
                  b. the incoming L's name and address. By s.38 of LTA 1985, that address MUST be L's "place of abode or place of business or, in the case of a company, its registered office".
                  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
                    So anything wrong with a landlord having 2 addresses and tenant can write to either? Hence the contract has my home address and section 21 has my office address. As long as I inform tenant of my office address which she should know because my business card has been on the communual notice board downstairs for months.

                    My main query is really what is the judge going to do when he/she looks at paperwork for accelerated possession and sees a different landlord address on contract and section 21? It would not be a hearing so he/she would not het the chance to query about section 48.

                    Comment


                      #11
                      Originally posted by ah84 View Post
                      So anything wrong with a landlord having 2 addresses and tenant can write to either? Hence the contract has my home address and section 21 has my office address. As long as I inform tenant of my office address which she should know because my business card has been on the communual notice board downstairs for months.

                      My main query is really what is the judge going to do when he/she looks at paperwork for accelerated possession and sees a different landlord address on contract and section 21? It would not be a hearing so he/she would not het the chance to query about section 48.
                      As the letting started four years ago, it's not too surprising that your address has changed in the interim. Section 21 itself does not even demand an address. The main thing is to prove compliance with what the law requires.
                      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

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