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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have recently been issued with a section 21 and two

Resolved Question:

Dear Sir/Madam,
We have recently been issued with a section 21 and two months notice to vacate our rental property. The form issued was the new form (6a) as we have renewed our AST since 1st October 2015. I have read about the validity of the new section 21 process and I am fairly sure the notice we have been served is invalid.
Firstly I understand that because we renewed our agreement after 1st of October 2015, in order to be valid the landlord must have provided a copy of 'How to Rent - The Checklist for Renting in England". We have never been given this.
Secondly, the landlord has signed the agreement with their company name, not an actual persons signature. Would that stand up in court? As I understand it, writing a letting agents company name in a signature box, is not an authorised signatory.
Any advise is appreciated.
Best regards,
C
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.

Hello my name is ***** ***** I will help you.

Do you accept should the notice be valid you would have to move?

Customer: replied 9 months ago.
Hi Alex,I would rather do this in writing. I accept that if the notice is valid we are required to move.
Customer: replied 9 months ago.
Are you able to check if my points above are correct and deem the notice invalid?
Expert:  Ash replied 9 months ago.

Was it a new tenancy or renewal of an existing one?

Customer: replied 9 months ago.
It was a renewal of an existing tenancy that we signed.
Customer: replied 9 months ago.
Just to add to that, it was our second year. So the initial tenancy agreement was 1 year with a 6 month break clause. We then signed a renewal that enabled the landlord to give 60 days notice.
Expert:  Ash replied 9 months ago.

If you were not given the booklet it makes the s.21 invalid.

If it was not signed by a person rather than a company then it is also not valid.

So the section 21 notice is not valid in law so has no meaning.

Can I clairfy anything for you about this today please?

Customer: replied 9 months ago.
Thanks so much for your help. Should I dispute this with the agents early, or wait until they file for an accelerated possession order and provide the invalid section 21 to the courts?
Expert:  Ash replied 9 months ago.

Its up to you, but in reality a Court would expect you to raise is when you realise.

Does that clarify?

Customer: replied 9 months ago.
That's perfect. Thanks Alex.
Expert:  Ash replied 9 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance!

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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