Section 21 - wrong Postcode on AST

ELF88

I am considering issuing a Section 21 Notice to my tenant. I have just looked at the AST (which is now periodic) and one number is wrong in the Postcode. How does this affect the Section 21 as I don't want to get the Section 21 wrong.

Marvel1

From G_M - https://forums.moneysavingexpert.com/discussion/5180214/tenancies-in-eng-wales-guides-for-landlords-and-tenants

3) Landlord wishes tenant to leave

The landlord/agent must serve a Section 21 Notice, either
* S21(1)(b) (tenancies pre 1/10/15) or

* Form 6a (tenancies since 1/10/15)

Both must give 2 calendar months notice, ending on or after the end of the FT.

A S21 is invalid if:

a) served before deposit is registered & the deposit's Prescribed Information given to the tenant
b) incorrect dates/notice period
c) expiry date is within 1st 6 months of original tenancy
d) For tenancies starting from 1/10/15:
- served in 1st 4 months
- new tenancy Prescribed Information was not supplied (EPC, gas report, "how to rent), or
- council has served a repairing enforcement notice on the landlord, following a complaint by a tenant. See Enforcing repairs.

See S21 checklist here.

A S21 is not a notice to quit;. The tenant does not have to leave. It tells the tenant the LL may apply to court for a possession order. But if the S21 was valid (see above), the court will automatically grant possession - no reason is needed.

davidmcn

It shouldn't, if it's clearly the same property/AST. I would refer to both postcodes (e.g. "AB1 2CD, erroneously referred to as AB1 3CD in the [AST]...").

G_M

As David says. Sound advice.


Though of course judges can sometimes be unpredictable ......


But short of getting the tenants to sign a new tenancy agreement with the correct postcode (!!?), what else can you do?

theartfullodger

Can't see this being any sort of problem

Comms69

Given this obvious mistake, have you complied with all the above as per the quoted post?

ThePants999

Comms69 wrote: »

Given this obvious mistake, have you complied with all the above as per the quoted post?

C'mon. A typo in a document is absolutely zero indication of a landlord unaware of their responsibilities.

ELF88

I think so. The LL address is wrong on AST as I have moved. Sending Section 48 notice to T today.
Also, gas safety certificate (not Record) was issued in September and T had a copy but the Certificate had the wrong address (incorrect house number, no town or Postcode) on it. Have had it re-issued with correct address. Sent the T her copy in the post (signed for letter) but she didn’t sign for it or get it redelivered so with Royal Mail still. Not sure if this situation can be rectified. What do you think?

theartfullodger

Should be enough grounds in those errors you made for tenant to get a court hearing and delay matters, extra month or so, if he wants to.


Think it will all still be found correct, but,


You seem to be saying you don't know your own post code? Have I misunderstood?

G_M

That's why sending post 'signed for' is not best policy. Re-send by 1st class 'with proof of posting'.

davidmcn

G_M wrote: »

That's why sending post 'signed for' is not best policy. Re-send by 1st class 'with proof of posting'.

Or duplicate it and send by both. If you get a signature then great, if not then at least the recipient knows what it is they're missing.