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Details matching on AST/section 21 and prescribed information

Started by Rheneas, February 17, 2025, 04:52:26 PM

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Rheneas

Hi

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Would this suffice or does it have to match exactly, which would technically mean using part of the address that's no longer current.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.


jpkeates

You have made some mistakes. Having two different addresses on the tenancy agreement is another one. Use the address for notices, on the basis that this is a notice and anything sent there will get to you.

Are you sure you wouldn't be better using a specialist service?

Rheneas

Quote from: jpkeates on February 17, 2025, 05:12:32 PMYou have made some mistakes. Having two different addresses on the tenancy agreement is another one. Use the address for notices, on the basis that this is a notice and anything sent there will get to you.

Are you sure you wouldn't be better using a specialist service?

Thank you for your comment. The more I read online the more it does appear that I should use my address as it seems a section 21 address needs to be a contact one. Would be interested to know if others agree?

My concern though is that the tenant sees the different address and decides in their mind it's invalid. I was planning on writing a cover letter anyway with the notice saying they could be released without penalty if they find somewhere early (I'm giving them 4 months notice instead of 2 as I want to sell as quickly as possible), so might include where it states in the agreement that that's the address for notices.

You might be right about a specialist but funds are tight at the moment.

Also, as you didn't mention the part about tenants names on the PI exactly matching the AST, should I assume that's not a major issue?

jpkeates

The names shouldn't matter as long as it's clear who is being referred to.

If you're giving them that much notice, have you considered just talking to them? I ended a number of tenancies last year without serving notice at all.

Rheneas

Quote from: jpkeates on February 18, 2025, 09:06:37 AMThe names shouldn't matter as long as it's clear who is being referred to.

If you're giving them that much notice, have you considered just talking to them? I ended a number of tenancies last year without serving notice at all.

Yes I will try to talk to them but they quite often don't answer and prefer to deal in messages. Just doesn't sit right with me putting it in a text. Obviously hope they'll be reasonable and leave before their agreement ends but I'd like to still like to have the Section 21 as a back up.

Rheneas

Quote from: jpkeates on February 17, 2025, 05:12:32 PMYou have made some mistakes. Having two different addresses on the tenancy agreement is another one. Use the address for notices, on the basis that this is a notice and anything sent there will get to you.

Are you sure you wouldn't be better using a specialist service?

jpkeates could you just advise whether you think I need to serve a section 48 (or different notice?) because of the slight change in company address? Or as a section 48 is meant for notices and my home address, i.e the address for notices,is still the same, would this not be needed?

jpkeates

If post addressed "Office 1 Henry House" would be delivered, it should be OK.

But it won't do any harm either.

Rheneas

Quote from: jpkeates on February 19, 2025, 11:58:12 AMIf post addressed "Office 1 Henry House" would be delivered, it should be OK.

But it won't do any harm either.

Thank you