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S21 v AST spelling

Started by DW, April 16, 2013, 01:38:34 PM

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DW

I have an AST that is fully signed up, one of the named Tenants in the AST is Mr Smith Fred, and has signed and been witnessed against Mr Smith Fred.     It turns out that his surname is Smith, and first name Fred, which should have been spelled out as Mr Fred Smith. It is now time to issue the Section 21 notices to bring the AST to its conclusion.

1. Am I right in my understanding that the AST is still enforceable, because it is easy to see that that this is a simple spelling mistake, and also because he signed up to that mistake with the intention of creating a contract for an AST.

2. Am I right in my understanding is that the S21 should match the AST.
in other words for the S21 do i copy the mistake with the tenant being called Mr Smith Fred, on the grounds that this is what he contracted to.

Regards david

anna6186

Hi,

Yes the AST is still enforceable andI would put Mr Smith Fred/ Mr Fred Smith on section 21 notice to be on safe side.

Regards,

Anna

www.emeraldlegalservices.co.uk