Thank you for giving me the opportunity to join and ask these questions. I’m an anxious person and it’s been causing me a lot of stress so any help would be greatly appreciated.
I plan on serving a section 21 notice on tenants soon as I intend to sell. I’m worried about getting any details wrong that would invalidate the notice.
I’ve already made mistakes - I gave the tenants all necessary documents via email at the start without realising that it doesn’t state in the agreement that they accept electronic communication. So I’m aware I need to provide them hard copies before serving the notice.
This also applies to the prescribed information and I realise I’ve left myself open to potentially being fined. Deposit was protected within 30 days.
The property is owned by my company and as such the AST is in the company name. The address for the landlord is the company registered address and there is correspondence address for notices etc further down the AST which is my home address. Which should be put on the Section 21?
If it’s the registered address, since signing the agreement this address has changed slightly. On the agreement it says, as an example - Office 1 Henry House, 100 Henry Road, Liverpool L1 1AA
“Office 1 Henry House” is no longer part of the registered address. On the Section 21 and prescribed information I’m planning on putting the address as “100 Henry Road, Liverpool L1 1AA (previously Office 1 Henry House)”
Would this suffice or does it have to match exactly, which would technically mean using part of the address that’s no longer current.
Or is it not even this address and I use my home address?!
Also, both tenants have two middle names on the AST but on the prescribed information, each only has one. Does this matter as it’s obvious who it refers to or should I get it changed?
Thank you in advance for any help, I know it’s daft but I’ve had sleepless nights worrying about all this and just desperate to get it right first time.
The s21 is soon to become extinct. You may only have till April. I would advise you to pay a specialist housing eviction service or solicitor to do this so you don’t make a costly mistake
Thank you for the reply. My funds are tight at the moment but I will think about speaking with a solicitor. Am I right in thinking though that when the section 21 is abolished, I’d still be able to serve the new notice because of my intention to sell?
I can’t comment on the new legislation as it has not been published. I would only be speculating. We have to wait till it receives Royal Ascent which may be as soon as April according to the landlord association last week
Thanks for your comment. In terms of contact address, the landlords address hasn’t changed. It’s still my home address as mentioned in the agreement so I didn’t think an s48 would be needed as it specifically states it’s the address for tenant to serve notices and other written requests. Yes I’ve looked at the flow chart, I think I’ve got everything covered, it’s just the addresses really that I need a definitive answer on. May have to speak with a solicitor.
Yes but isn’t a section 48 a notification of landlords address for service of notices? If I served that and changed to the registered address of the company then I wouldn’t receive notices, at least not as quickly. I made a mistake having 2 addresses on the agreement as it’s complicating things but it can’t be that uncommon to have a different address for correspondence.
Ive never known a tenant send/reply to anything by post, so provided you have given other means of contacting you and your contract allows service of notice by email, you would probably still get everything.
Giving the tenant the up to date address for yhe landlord is a legal requirement and a required pre-requisite to a valid s21 notice if your contract stated the previous company address.