Section 21 need to be re-served as solicitor adamant agent served it incorrectly

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    #16
    Originally posted by jjlandlord View Post
    Are you saying that the form is a right shamble?
    No. What is wrong with the form is that

    · part 4 is headed "Name and address of landlord"

    · there is an option for an agent to sign the form

    · the address to be inserted is that of the signatory

    At the very least one can ask: "Where am I supposed to put the landlord's address?"

    There are two possible answers:

    · The form says the landlord's address is needed so it has to be squashed in somewhere.

    · The clearly indicated blank spaces to be filled in are an integral part of the form and it cannot be the case that you have to make your own blank spaces. Indeed, one can go further and argue that if you put extra information in that you will not have "a form substantially to the same effect" as the promulgated form as required by the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015.

    Both arguments are pretty weak, but the second is as good as the first.

    The wording is unfortunate as it allows doubt to creep in.

    Apart from that, we can note that section 21 says very little about what a section 21 notice needs to contain. The Secretary of State has the power to specify a form and it can be in whatever form he chooses. He has, for example, included a "What to do if this notice is served on you" section which is not required by the Act (except indirectly by allowing the Secretary of State to specify a form). If the information is not included the notice will be invalid.

    Whilst not relevant to this case, we can also ask whether, if the notice is under section 21(4), you need to add in that possession is required by virtue of section 21 as that is required by section 21(4) and the form of notice does not comply with the section.

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      #17
      Originally posted by krishen View Post
      I discuss options with my solicitor etc
      Write to the solicitor saying:

      "It has been suggested to me that if a form is signed by an agent and the landlord's address added that the notice will not be in a form substantially to the same effect as the scheduled form as required by the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015. Perhaps you would care to comment on that view."

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        #18
        A lot of problems for a form that isn't a shamble, eh? And that's the corrected version as they first one contained even more issues...

        Originally posted by Lawcruncher View Post
        The Secretary of State has the power to specify a form and it can be in whatever form he chooses.
        Indeed. A landlord has to use the form in full. What I'm wondering is whether there is also an obligation to fill it as it asks, i.e. in effect if the Secretary of State may impose further obligations than the statutory ones in s.21 in addition to the form itself.

        For example, you wrote that "he could have provided that the form had to be counter-signed by a commissioner for oaths". To me that sounds beyond the power conferred to him, which is just to prescribe a form.

        Originally posted by Lawcruncher View Post
        Whilst not relevant to this case, we can also ask whether, if the notice is under section 21(4), you need to add in that possession is required by virtue of section 21 as that is required by section 21(4) and the form of notice does not comply with the section.
        Most templates even before Form 6A only mentioned section 21 in their header, as Form 6A does. It seems that everyone has so far found that this is enough.

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          #19
          The DSS became defunct 2001
          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...

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            #20
            I suppose there must be some sort of a limit to what can be put in a prescribed form, but so long as the parts to be filled in are relevant (or at least not totally irrelevant) and any prescribed information is pertinent I doubt a form can be challenged on the grounds that the Secretary of State acted beyond his powers (ultra vires).

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              #21
              krishen,

              Just apply for a possession order yourself: https://www.gov.uk/accelerated-possession-eviction

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                #22
                As JKO says, and also tell the insurance appointed solicitor to go ahead and to serve one too. If yours fails then the solicitor carries on. If you succeed simply tell the insurance solicitor not to carry on.
                Any advice I give is my opinion and experience, I am as you also learning.

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