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Section 21 Invalid

Hi

any advice is welcome. 

I have been given a section 21 and I have made sure all the correct documents were included and everything has been done correctly. The only issue I can see is that the agency I have my contract with is not the agency name that appears in the section 21 or the cover letter. They may have been taken over but they have not advised me or asked me to sign another tenancy agreement with the agency listed on the section 21. All the other documents (gas safety cert/electrical cert) is all under my original agency name.

Does this mean that the section 21 is invalid as they have no provided the correct details of the agency I have my contract with?

Thanks

Comments

  • mexican_dave
    mexican_dave Posts: 244
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    Mmm, interesting - my first reaction is your contract is with the Landlord, the agent is merely an intermediary. Not sure if it invalidates the Section 21, which the agent is issuing on behalf of the Landlod. Seems poor for the agent to change but you not be informed as this would effect your ability to report repairs etc. I am sure others will no better and can advise, suggest you discuss with Citizens Advice on Monday morning.
  • propertyrental
    propertyrental Posts: 2,176
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    Forget the agency - who is named on your tenancy agreement as the landlord, and who is named on the S21 as the LL?
  • They have named the landlords company that he lets through as they are completing the section 21 on his behalf as he has given the agency authorisation to give notice on his behalf but I am not aware of this agency. 
  • Hi

    any advice is welcome. 

    I have been given a section 21 and I have made sure all the correct documents were included and everything has been done correctly. The only issue I can see is that the agency I have my contract with is not the agency name that appears in the section 21 or the cover letter. They may have been taken over but they have not advised me or asked me to sign another tenancy agreement with the agency listed on the section 21. All the other documents (gas safety cert/electrical cert) is all under my original agency name.

    Does this mean that the section 21 is invalid as they have no provided the correct details of the agency I have my contract with?

    Thanks

    Do you have a contract with the letting agent?  That would be unusual. 
    They have named the landlords company that he lets through as they are completing the section 21 on his behalf as he has given the agency authorisation to give notice on his behalf but I am not aware of this agency. 

    Ah, so now you mention the landlord's company that he let's through so who is named as the landlord on your tenancy agreement?  I don't understand, "they have named the landlords company that he lets through," is your landlord a person or a company?  Is the landlord's company the same as the letting agent?

    My guess is that your landlord is either a person or a limited company and that is who/what is named in your tenancy agreement as your landlord.  Your landlord uses a letting agent to manage the let and it is your landlord who has a contract with the letting agency, not you.  The landlord can change letting agent if he so wishes, it doesn't mean you need to be issued with a new tenancy agreement as the landlord's contract with the letting agent has nothing to do with the landlord's contract with you.  Even if your landlord were to change that would not require a new tenancy agreement.

    The landlord could issue the section 21 himself, he could ask the letting agent to do it, or he could have paid an eviction specialist to do it for him, it doesn't matter.


  • Olinda99
    Olinda99 Posts: 1,163
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    a landlord can use any agent they like to issue a section 21 - it doesn't have to be the original agency who are looking after the property from day to day
  • ss2020jd
    ss2020jd Posts: 603
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    You can find some helpful information here, including what would make an S21 invalid. 


    https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/if-you-get-a-section-21-notice/
  • theartfullodger
    theartfullodger Posts: 14,362
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    edited 3 February at 10:34AM
    Indeed.Who is named as landlord on your tenancy agreement (which of course in England does not have to be in writing, bonkers) please?

    Whoever is so named is who you have contract with.  Yes i appreciate agent likely handled all paperwork and payments.

    Artful, Landlord since 2000
  • propertyrental
    propertyrental Posts: 2,176
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    edited 3 February at 11:39AM
    Forget the agency - who is named on your tenancy agreement as the landlord, and who is named on the S21 as the LL?

    You have not really answered the questions.

    As it's been a while since I used one, I re-examined form 6a. It says it should be signed by:

    1. Name and address of landlord or landlord’s agent:
      (To be completed in full by the landlord, or, in the case of joint landlords, at least one of the joint landlords, or by someone authorised to give notice on the landlord’s behalf.)

    So provided the "the landlords company that he lets through" has been authorised, the S21 is valid. The landlord can, of course, change his letting agent (or the landlords company that he lets through) at any time and only needs to inform you if it impacts you eg changing who you pay your rent to or contact for repairs.

    Indeed, he could even retain his original agent (eg to collect rent) and authorise a 2nd person/company to issue the S21 on his behalf.





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