Section 21 signing

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    Section 21 signing

    Hi,

    My property is currently let on a 6-month tenancy and I am looking to evict my tenants due to unpaid rent. My agent set up the tenancy and signed the tenancy agreement on my behalf including their address. The agent has now issued a Section 21 notice to the tenants and the agent has signed this themselves. My name or address is not mentioned anywhere on the tenancy agreement or section 21 - will this cause a problem if I need a court order to remove my tenants?

    The deposit was protected with the deposit protection service and the prescribed information was given to the tenants, although again the agents name and address was included on this not mine?

    Thanks

    #2
    Who is named as the landlord on the tenancy agreement?

    Comment


      #3
      My agent is listed as the landlord on the agreement

      Comment


        #4
        Your agents approach is "unconventional", but I don't see any problems with it.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Thanks, so really my name should be on the tenancy but the agent signing on my behalf? Same with DPS information and Section 21?

          Comment


            #6
            Your agent has made themselves the landlord of your property.
            Which is odd, but there's nothing actually wrong with it for s21 purposes as far as I can see.

            In the plus side, it means that they can progress the repossession in court without you needing the be there.
            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


              #7
              Thanks for the replies - I've noticed they have noted "or Managing Agent" in the 'Landlord Name' box on the tenancy agreement and S21 so I assume I will still need to progress a repossession order myself?

              Comment


                #8
                So your name is there as well?
                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


                  #9
                  No my name isn't listed at all, but the box says:

                  Landlord:
                  (or Managing Agent)
                  Agents Name & Address

                  Comment


                    #10
                    That's slightly different - someone's trying to be clever.
                    A tenancy agreement is between a landlord and a tenant and both parties have to be identified.

                    So the agent will have to have be the landlord on the agreement, unless it's clear they're entered there as the managing agent and not the landlord.
                    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


                      #11
                      Ok thanks for your help

                      Comment


                        #12
                        What agreement do you have with the agent?? The only legal way the agent can name himself as landlord is if he has a tenancy agreement with you as landlord him (agent) as tenant (not an AST) permitting him to sublet.

                        However even if he doesn;t have this the tenant appears to have a valid legal tenancy with agent as landlord.

                        Ask agent, calm & polite, in writing, under what authority have they issued a tenancy naming themselves as landlord.
                        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


                          #13
                          I'd actually continue as is, but point out that the agent needs to be prepared to confirm to a court that they're the landlord, otherwise they have no standing and it's all going to get very messy indeed.
                          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
                            A letting agent acting as such and not granted a tenancy cannot be a landlord.

                            If the tenancy agreement states that the agent is the landlord without any indication that he is in fact the agent, then:

                            1. The tenant is entitled to treat him as the landlord;

                            2. Despite 1, the agent clearly cannot be the landlord as if he were he would be entitled to the rent.

                            The agent has created the sort of situation where a busy judge who got out of the wrong side of the bed may create difficulties.

                            The OP should nominate his agent for the Too Clever for Their Own Good awards.

                            I have asked a question here: http://swarblaw.co.uk/viewtopic.php?f=20&t=5999

                            Comment


                              #15
                              The issue is that while the tenant is entitled to treat the agent as a landlord, does a court have the same entitlement/obligation?

                              In order to get the tenant out, I'd suggest the issue of who owns the property is not alluded to unless someone raises it.
                              A lot will depend on a) whether the tenant complies with the notice and b) if not, how much they'd want to stay.

                              The agent has made their job potentially very difficult.
                              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

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