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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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question about section 21(1)b. I received 2 notices of repossession

Customer Question

question about section 21(1)b.

I received 2 notices of repossession in the last year , the firs was not valid as the deposit was not protected , now i received a second one , but I think is not valid too , as the letter state that they act for the landlord of the property .. ( that is bankrupted) and also there ia some differences between the two letter. ( the first one seems more complete.


here are all the letter I received ( all is here is what I can read in the letter)

- 19 Marc 2013
-{address and references}
-By recorded deliver

-Dear Mister "{NAME}",

-{full address} (the property)- tenancy agreement dated 23 October 2012 made ---between {NAME} T/AS {Name} (1) and Mr {NAME} (2)

-we act for {NAME} T/AS {NAME}, your landlord of the property, acting by Rosalind -----{name surname} who are appointed as joint fixed charge receivers over -the property.

-We refer to the tenancy agreement made between {NAME} T/AS {NAME}(1) and {NAME}(2) relating the property.

-We enclose, by way of service, a notice pursuant to section 21(1)(b) of the housing act 1988, specifying that our client requires possession of the property in accordance with the notice.

If you do not vacate the property in accordance with the notice on or 22 October 2013, we shall be entitled to commence court proceedings to require you to leave the property.

Please confirm that you acknowledge receipt of the enclosed notice by signing, dating and returning the enclosed duplicate notice to us , your faithfully

*law Firm name*
******************************
on the second page
-------------------

property [address}
landlord [ name original landlord]
to [ names of tenants]
of [ address of property]

1 . this notice is given by Landlord.
2. you are the tenant of the property.
3. the landlord require possession of the property afrter 31 march 2014
4 this notice is given under section 21(1)(b) of the housing act 1988

signed [sign] for and on behalf of the landlord.

Dates [29 Jan 2014]

name and address of landlord`s Agent

[ law firm and address]

***************************************
at the time the deposit was not protected.
on 27 Jan 2014 received an this email , but no written letter.
********************************************

IMPORTANT INFORMATION CONTAINED WITHIN THIS DOCUMENT - DO NOT DELETE

Dear Mr {NAME},

Your agent / landlord has successfully submitted a deposit to The Deposit Protection Service (The DPS).

Your Repayment ID for this deposit is:

xxxxx


You will need the Repayment ID at the end of the tenancy so we can release the deposit to you and your agent / landlord as appropriate. Please keep the Repayment ID confidential and ensure that this advice is retained for future reference.

The details provided by your agent / landlord are as follows:

Deposit ID: xxxxx
Rental property: {NAME}
Name of lead tenant: Mr {NAME}
Name(s) of other tenant(s): None Advised ({ in reality there is a second name on the contract})
Agent / landlord trading title: {NAME}
Agent / landlord address: {NAME} {and address of the receiver} ( not the original owner )
Start date of tenancy: 23 October 2012
Tenancy period: 12 months
Deposit amount: £3,200.00
Date deposit received: 23 October 2012
Please ensure that these are correct. Should you need to make any changes, you can do so by visiting www.depositprotection.com, selecting ‘Log in now’ and entering the Deposit ID and your unique Repayment ID in the Tenant prompt.

When logged in, you can:

View the details of your tenancy / deposit
Read the rules of the scheme
Request the repayment of your deposit at the end of the tenancy
When your tenancy period expires, please remember to update your forwarding address. You can do this by logging in as above.

Thank you for using The Deposit Protection Service.

Yours sincerely, XXXXX Team

*****************************
I did check and the deposit is protected.

on 29 jan 2014 i recieved by sighed post this letter.
**************************************

{address and all}

By recorded deliver and first class post

Dear sir ( there is no name)
{xxfull addressadress}(the property)

We enclose, by way of service, a notice pursuant to section 21(1)(b) of the housing act 1988, indicating that our client requires vacant possession of the property in accordance by not later than 31 march 2014.


If you do not vacate the property in accordance with the notice, our client shall be entitled to commence court proceedings to require you to leave the property.

, your faithfully
*law Firm name*
and a second page exactly as the first second page i received in march 2013.

will like to know if the second letter is valid to commence the court case.
Thanks .
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Its bad news I am afraid. There is no specified format that a Court requires to formulate a Section 21 notice.

Alex Watts :

This means as long as it contains information which makes it clear who its from, who its to, the property address and the end date, the Court is able to grant possession.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

ok thanks , but my concerning is that the second recent letter if is from the landlord name , and the actual landlord went bankrupt, basicly they sent me the act in behalf of the original landlord that is bankarupted . the first (not valid letter) stated it was the receiver acting as landlord .. I now find the way to upload the scan of both letter if you can have a quick look I will be glad , thanks.

Customer:

one second I upload scan

Alex Watts :

Ok

Customer:

wait a bit more i can just atach one fo

Alex Watts :

ok

Customer:

File .. must join them

Alex Watts :

ok

Customer:

here I am , so you can see in the letter of 2013 is wrote we act for {NAME} T/AS {NAME}, your landlord of the property, acting by Rosalind -----{name surname} who are appointed as joint fixed charge receivers over - in the one from 2014 is wrote we act for the Landlord of the property. ( is he able to send me the act?)

Full Size Image

Alex Watts :

Let me read

Alex Watts :

Right - only the Landlord or their agent can give notice.

Alex Watts :

So if the agent as acting on behalf of the Landlord (who may now be the receiver) then it is valid.

Alex Watts :

Does that clarify?

Customer:

yes I got it ... but I am stubborn :) there is not loophole in the fact that is wrote " that the landlord is {name} " and they did not mention that the receiver (bank) is the actual landlord of the property? in the last letter they just state that {name} is the owner of the house. in the first is clearly state the receiver are sending me the notice :) thanks again.. I will stop now.

Alex Watts :

No sorry there is no loophole.

Alex Watts :

I am sorry

Alex Watts :

I know this is not the answer you want and not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

ok thanks anyway.

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

.

Customer: replied 3 years ago.

.

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