issuing section 21

[Dyson9799]

Hi i was wondering if anybody could help is it up to the landlord or letting agent to issue the section 21 to the tenant. I know it is up to the landlord to start the court proceding after the 2months is up.

Please advice

[jeffrey]

The power to issue a s.21 Notice, or any other Notices, is L's. L can devolve this power to A if so desired.
A cannot do it without L's authority (express or sometimes implied) and not at all if L expressly prohibits.

[Attention to detal]

The section 21 form (downloaded from this site) has a field "From" and requests the name and address of the landlord, not the agent, although it can be signed by the agent OR landlord.

Is this correct or can the "From" field be noted with the agent's name and address?

I am managing agent for a flat, and on the AST there is only my name and address stating "Agent". If I were to issue a S.21 to this tenant then this would be the first time that the landlord's name and address would be known to him. Is this OK or should the AST have the actual landlord's name mentioned somewhere? Either that, or the S.21 "From" field should be changed to say "Name and Address of Landlord OR Agent". Does my question make sense....?:confused:

Regards
Rob

[jeffrey]

The s.21 Notice is FROM L even if signed/served by A who would sign it with A's name, then add "for and on behalf of [L]" and show L's address against L's name BUT A's address for reply.

Your version of AST is obviously wrong in showing only A's details! Any AST is between L and T; no-one else (e.g. A) is a party.

[Attention to detal]

Thanks Jeffrey - this will teach me not to use personalised AST agreements.

How do I stand now then if I wish to issue a S.21 to this tenant? The AST is now periodic but does not have the landlords name and address on it, only mine. Does this make the whole AST invalid, and if so how best to proceed with S.21 and subsequent eviction?

Thanks
Rob

[jeffrey]

The AST is valid but misleading. Serve T with Notice under s.48 of LTA 1987. That fixes him with knowledge of true L's name/address.

Thereafter, serve s.21 with wording as I advised (and triple-check all dates in it!)

[Attention to detal]

Thanks Jeffrey, I've done that now.
Regards
Rob