Section 21 invalid if a LANDLORD name is wrong?

[ctrlindustries]

My tenancy agreement states mine and my husbands name which people know him by as Henry... We issued the tenancy agreement in 2013 to our tenants who live in the one bedroom flat we let out.

But on the actual passport is Enrique.....

On the Section 21 is Henry. My tenants have looked up on lan registry and seen that the name is Enrique as leasholder as well as myself. Will this render my Section 21(b) invalid?

I know that technicalities are important for legal documents and the correct name has to display so I have read....

And if found invalid... do i just have to issue another one straight after the hearing?

[JK0]

I think that as long as tenancy agreement & s21 match you should be okay.

However, in future you might want to put down your correct names on legal things like tenancy agreements.

[jpkeates]

Legally speaking your name is what you're known as.
It doesn't have to be the name on your birth certificate or passport.

On the other hand, it does make it more complex if you want to get something like a driving licence and your name isn't what it is on other legal documents (like your birth certificate).
There's a process where you formally change your name (a deed poll), which might help going forward.

And if its found invalid you would just issue another one.
There's nothing to stop you issuing one now - they can both co-exist and the new one won't invalidate the current one.

[thesaint]

No, it won't render your Sec 21 invalid.
A Sec 21 just needs to come from the landlord. It doesn't even need to match the name(s)on the tenancy agreement.

Of course everything matching is always the best way to go.

[Lawcruncher]

However, in future you might want to put down your correct names on legal things like tenancy agreements.

Has to be the best policy. It stops anyone taking the point.

[ctrlindustries]

Thank you so much for your responses.

The only aspect I am concerned about is that we haven't given the tenant details of the protection scheme as we only put the deposit into protect recently.

Does it matter if we didnt give the tenant the information within 30 days of taking the deposit?

[jpkeates]

Yes, it makes the s21 invalid.

[thesaint]

Did you also not protect the deposit within 30 days? If so, you can't even give them the details now and then serve a valid Sec 21.

[theartfullodger]

Thank you so much for your responses.

The only aspect I am concerned about is that we haven't given the tenant details of the protection scheme as we only put the deposit into protect recently.

Does it matter if we didnt give the tenant the information within 30 days of taking the deposit?

Yeah: Because it was not protected as the law says the tenant can sue you for up to 3x deposit. And any s21 is invalid: You'd need to return deposit then serve a new, fresh, s21.

It is recommended that landlords comply with the law: Ditto agents: Ditto tenants: MPs.. ah, nice idea....

[ctrlindustries]

Sue? Why would my tenants be able to sue me if they haven't incurred any financial loss?

So if i pay my tenant their deposit now, and then serve another section 21... I am ok? I can't be sued if i choose to transfer my tenant their deposit today?

[theartfullodger]

Sue? Why would my tenants be able to sue me if they haven't incurred any financial loss? ....

Because that is what the law says. Brought in because too many landlords were not handling deposits correctly... see..
http://england.shelter.org.uk/get_ad...nsation_claims

3x deposit is enough for most people to fill in a form or two. There are even no-win no-fee merchants handling it for tenants...
http://www.helpfortenants.co.uk/suin...r-deposit.html

[jpkeates]

Sue? Why would my tenants be able to sue me if they haven't incurred any financial loss?

The tenant is awarded a penalty fee - specifically to dissuade landlords from not following the regulations.
It's not compensation, it's a penalty.

So if i pay my tenant their deposit now, and then serve another section 21... I am ok? I can't be sued if i choose to transfer my tenant their deposit today?

Returning the deposit allows a valid s21 to be served.
It doesn't prevent the tenant suing you - they have up to six years from when the deposit should have been protected and the PI served.

[ctrlindustries]

Im a little bit worried.

What is the best thing for me to do? If i offer to give them their deposit back in writing or email... is that enough for me to not get sued as I have offered to return it??

[jpkeates]

There isn't anything you can do to avoid being sued if the tenant wants to.

Returning the deposit might mitigate the issue when the judge awards the penalty, which can be between 1 and 3 times the value of the deposit.
Hopefully 3 times is for the worst cases, so you might have the penalty reduced if you return the deposit.

You need to return the deposit, not offer to return it.

[thesaint]

Did you also not protect the deposit within 30 days?

In case you missed it.