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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Section 21 and agent as landlord

28 Jun 2021 | 9 comments

ast is in agents name,  deposit cert in landlords name, want to serve a s21, will the above be an issue?

Answer

9 Comments

  1. guildy

    Should be okay but it’s a problem that ast is in name of agent. Would need to serve section 48 first to change the name on the tenancy.

  2. Openhouse

    Hi Guildy, Landlord has asked me (agent) to serve section 21 notice. On the Form 6a, section 4 it asked for landlords name/address or agents. Should I put the landlords name and address, as it states on the AST?
    Then should I sign as the agent, add my name, address, telephone number and tick the box as agent who is serving the notice? Many thanks

  3. guildy

    I know, it’s completely crazy that the new form 6A doesn’t have a provision for the “landlord name” where an agent is being used (or if the landlord is a company for that matter)!

    As a workaround, we have made the notice provided by our system incorporate the landlord name using the method you suggest.

    If you follow our wizard and complete the appropriate boxes, the correct wording will be inserted where we think it’s most suitable.

  4. eden2011

    If you look at the last part where it mentions landlord landlords agent et cetera et cetera I’m not looking in there right now so I can’t remember but underneath there where the landlords name and address should be we just highlight landlord in that text above it

  5. guildy

    Yes, the capacity of the person who is signing should be ticked where indicated (landlord/joint landlords/agent).

  6. Openhouse

    Thanks Guildy, I actually thought this form was similar to the previous one where they didn’t allow any space for the landlords name and address. I thought you needed to add the landlords name and address in section 4 (where they haven’t left any room again) then sign fill in my name, address, contact number plus tick landlords agent.

  7. guildy

    No, in the old forms (both s.21 and 8) it said “landlords name and address” but didn’t leave much space so we expanded to make space.

    These new forms now say landlord OR agent name and address meaning you enter whoever is serving and signing.

    We don’t like it not having landlord name at least somewhere which is why we add the text we do to also include landlord name if agent signing or landlord is a company.

  8. Openhouse

    Lastly, I served via email to the tenant the ‘How to Rent’ guide before he moved in, but I sent the hyperlink to the current document. Now I am thinking, should you always send the actual PDF document rather than a link? I have emailed a most recent How to Rent guide as a PDF as a back up before issuing a section 21 but wanted to ask for the future? All other documents were served electronically and the tenant signed each document to say they had received a copy prior to the tenancy.

  9. guildy

    The how to rent guide legislation is very specific and it must be the paper version unless the tenant has consented to receive it electronically. We also don’t believe a hyperlink is sufficient.

    The ones you’ve served electronically and that’s been agreed are fine but for documents served during the tenancy, there would need to be some agreement in place to receive documents electronically. Our tenancy agreement has this built in where you enter the tenants email address in the relevant field.

    If not using our agreement, you will need to check the terms of your tenancy.

    Please see here for more information about the how to rent guide

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