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View Full Version : Is this s.21 Notice valid?



shirleyb
20-01-2009, 21:34 PM
Basically, my tenant moved in on 26th Nov 2007. I used local agent to find my tenant on a 'tenant finding service only.' They charged me £300. I now wish to serve my tenant his notice under sect 21 ( 4 ) a as it's a periodic tenancy. I will serve it tomorrow 21st Jan stating I require notice after 25th March. Now, this is where I wonder does it get tricky. The tenancy agreement was between ' xxxx xxxx lettings ltd ' and my tenant.
When I serve the notice can I put MY name to serve but THEIR address ( as I don't want tenant knowing my home address ) as landlords address ( they say it's ok to put their address by the way ) or will a judge say the agreement was between tenant and lettings co. and THEY should have served it. Or do I need to put my name as landlord and MY home address ?Advice asap please , (especially you Jeffrey )

jeffrey
21-01-2009, 10:09 AM
Who is L- the limited company (C) or you?
C granted the tenancy- yet you say that T is your tenant!

Lawcruncher
21-01-2009, 15:47 PM
I am going to assume that at the time the letting was granted the OP owned the property, but that the letting agent drew up the tenancy agreement showing the letting agent to be the landlord. This is not altogether unheard of. The fact remains however that the OP is the landlord and not the letting agent. The notice should therefore be served with the landlord's name in it. The OP can (presumably) prove that he is the owner and show that the agent was just an agent.

jeffrey
21-01-2009, 15:50 PM
I am going to assume that at the time the letting was granted the OP owned the property, but that the letting agent drew up the tenancy agreement showing the letting agent to be the landlord. This is not altogether unheard of.
Possible- but, for a "Tenant Find Only" service, unlikely?

Lawcruncher
21-01-2009, 16:21 PM
Possible- but, for a "Tenant Find Only" service, unlikely?

You are assuming that the lettings agents knew what they were doing.

(I make no observation on whether it is wise to assume that lettings agents know what they are doing.)

mind the gap
21-01-2009, 16:26 PM
(I make no observation on whether it is wise to assume that lettings agents know what they are doing.)

Of course not. We may think...but you could not possibly...;)

shirleyb
21-01-2009, 17:58 PM
Sorry for any confusion. Not sure what OP stands for but I own the property, a small flat ( 395 pcm ) in joint names with my husband. Agent found me a tenant, drew up the tenancy agreement, and in the place where it says ' letting agreement between ( my teneant ) and ..... they put THEIR company name. Obviously I can prove I own the peoprty. So I hope I've cleared things up a little....sorry! So I refer to my original question.....do I have to put MY personal home address ? Can I sign it ? Or would a judge say the letting agent should have filled it all in AND serve it. Many thanks all..

shirleyb
22-01-2009, 10:42 AM
Still not sure whether the issuing of this section 21 would stand up in court. Advice....please.

jeffrey
22-01-2009, 11:39 AM
Not sure what OP stands for.
OP= Original Poster (member who started thread); that's you.

shirleyb
22-01-2009, 12:36 PM
OP.. original poster excuse my ignorance. Yes I owned the property at the time of granting the tenancy but agent put their name address etc as landlord. I'm assuming from the replies therefore that I should put MY name and MY home address as landlord as I serve the notice....don't want judge to throw it out on a technicality ( hopefull wont go that far )

jeffrey
22-01-2009, 12:51 PM
OP.. original poster excuse my ignorance. Yes I owned the property at the time of granting the tenancy but agent put their name address etc as landlord. I'm assuming from the replies therefore that I should put MY name and MY home address as landlord as I serve the notice....don't want judge to throw it out on a technicality ( hopefull wont go that far )
Yes. You own; so
you are L; so
you let; so
you show your own name as L; and
your address can be either your home or elsewhere (but it must be in England&Wales, as a service address).

shirleyb
22-01-2009, 12:58 PM
Jeffrey.. many thanks. that's put my mind at rest.so I can put the agents office address down...wouldn't have wanted tennant knowing my home address...thanks again.