Is a section 21 issued on behalf of the landlord, by a solicitor (who is acting as the landlord’s agent) valid if it only contains the solicitor’s name and address and not the landlord’s? It was completed and served by the solicitor on behalf of the landlord.
The form states:
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.)
The key word is OR, which implies one or the other.
Then it requires the individual that signs it to state their capacity, in this case it was “landlords agent”.
The S21 OpenRent creation form also only gives the option to fill it by the landlord or its agents and only the address of whoever is filling it in.
Unlike a section 8, the form only gives provision for either the landlords address or its agent’s address, not both. The solicitor is the landlord’s agent. If you try and fill in the OpenRent Section 21 form, the same provision applies. It can only be one or the other.
I also think its ok, but the solicitor is signing to say that any enquiries should come back to them/the agent, which could prove expensive if its defended.
As long as I can get them out. I’m already taking him to court on a section 8 via my solicitor, which they’re defending. That way, (although I’m 99.9% certain) that the S21 will be fine, as they have been given everything, they’ll have an S8 to look forward to.