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Evergreen
04-04-2010, 09:05 AM
good morning all

i'm issuing an s21 and s8 this week and have just noticed a spelling error on his name

how does one resolve this problem? i am not on good terms with the tenant due to his rent arrears, so getting him to sign a new one would be impossible

mind the gap
04-04-2010, 09:18 AM
I may be wrong, but I cannot think a court order for possession would be denied on the basis of one spelling error, unless it led to genuine confusion as to who the subject of the notice was. For example, in the unlikely event there were two people with near-identical names living at the same property on separate tenancy agreements and there was confusion as to who was being served the notices.

What matters most (I understand) is that it should be the correct form of s21 (a) -i.e., s21 (4) (a) or s21 (1) (b); the dates on the notice should be absolutely accurate, and that any protectable deposit has been protected.

Snorkerz
04-04-2010, 09:37 AM
The forms are s21(1)(b) or s21(4)(a).

Mind he gap is right about deposit protection but you also need to have given the prescribed information about the deposit and - if your property is a licensable HMO - you need to have applied for a license.

As I understand it, providing the tenant is easily identifiable, it will not be a problem.

mind the gap
04-04-2010, 09:41 AM
The forms are s21(1)(b) or s21(4)(a).


Just testing! :)

Snorkerz, do you have a view on the question of the spelling error?

Snorkerz
04-04-2010, 09:52 AM
Just testing! :)

Snorkerz, do you have a view on the question of the spelling error?Edited my post whilst you were reading it - I must be telepathic - or just pathetic.

Evergreen
05-04-2010, 17:24 PM
ok thanks!

so i guess is shouldnt rectify the spelling error by crossing it out and adding the right name on the contract?

should i mention the spelling error when handing in the court papers?

mind the gap
05-04-2010, 17:32 PM
ok thanks!

so i guess is shouldnt rectify the spelling error by crossing it out and adding the right name on the contract?

should i mention the spelling error when handing in the court papers?

No, I think you should leave well alone. If the tenant objects to the mis-spelling of his name and tries to claim that the s21 was not meant for him but for someone else, you can quite reasonably point out that there is nobody else with a name remotely like his living at that precise address, so logic dictates that it must have been addressed to him.

If you think about it, the reason the dates have to be 100% accurate is because otherwise there is the risk of ambiguity. If you write '6th April' on a s21 when you mean '16th April', it is not the same as making a spelling error, as it makes a significant difference to the meaning of the notice, whereas a minor spelling error in the tenant's name does not. In other words, the date error could lead to confusion as to which date is meant (out of two possible dates); the name with the spelling error, in the context of that LL and that property, can be demonstrated to refer only to one person (not two).

Hope that makes sense!

Evergreen
05-04-2010, 23:14 PM
yes that makes v good sense, thanks for explaining!