Technicality issues with section 8?

by Readers Question

11:50 AM, 15th February 2016
About 3 years ago

Technicality issues with section 8?

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Technicality issues with section 8?

I Served section 8 to the tenant, but I have signed as the landlord when I am the agent.Am I wrong

Will it get struck out on a technicality?

I have also refused to give the tenant details of the landlord’s address as he required by writing. Am I wrong in doing so?

Ashley



Comments

Charles King - Barrister-At-Law

12:12 PM, 15th February 2016
About 3 years ago

Hi Ashley. When you say you 'signed as landlord' do you mean that you ticked the wrong box on the s.8 form? If so, you are very unlikely to have anything to worry about if that is the only problem. A s.8 notice is valid if it is 'substantially to the same effect' as the published form, so minor issues like tick boxes (as opposed to more serious issues such as getting the amount of the arrears wrong) should not matter, particularly as you are signing as an agent, on behalf of the landlord. As to the address, has the tenant been given notice of your address, in England and Wales, where they can write formal letters if they need to? The law requires that the tenant be given an address for the service of documents on the landlord, NOT the landlord's address. These are 2 different things. An agent's address on the tenancy agreement will usually do. It is adviseable for that address to be identified as a 'section 48' address. I hope this helps

Gary Dully

12:34 PM, 15th February 2016
About 3 years ago

Yes you are badly wrong.

Denying the tenant the landlords details is breaking the law and if I remember correctly the tenant can get their rent back for that breach alone.

Reissue and give the landlords details.

13:16 PM, 15th February 2016
About 3 years ago

trouble is i have issued s21 and signed statement of truth as landlord
can i be sued by tenant
what can i do to rectify the problem as i think i let it get a bit out of hand

13:36 PM, 15th February 2016
About 3 years ago

no i deliberately signed as landlord but i am the agent landlord wants to remain anon i have issued s8 again signing it as landlord knowing i am not if it is defended by tenant knowing this has he got a good chance of winning also do i have a chance of being prosecuted i am very worried about this don't know what now to do can i just cancel s8 and tell tenant to forget it

13:40 PM, 15th February 2016
About 3 years ago

i refused to supply landlords address details i sent them details of my name and address as s48 but they now saying that not right they need landlords details for service of court proceedings

14:23 PM, 15th February 2016
About 3 years ago

how much rent can tenant claim back if i refuse to give landlord details

Luke P

16:26 PM, 15th February 2016
About 3 years ago

Reply to the comment left by "ashley peters" at "15/02/2016 - 14:23":

None.

Gary Dully

0:00 AM, 16th February 2016
About 3 years ago

Reply to the comment left by "Luke P" at "15/02/2016 - 16:26":

Under section 48 of the Landlord and Tenant Act 1987, if you do not supply the address of the Landlord or Agent properly for the Service of Legal Documentation, no charges can become due.

Issue a Section 48 Notice for a change of a Landlords address or to a PO box or Agents Address, where documentation can be served upon the Landlord in England or Wales.

Section 47 of the same act decrees that any rental demand or statement should contain the address of the Landlord or Agent where the Landlord can be contacted in England or Wales and if it is missing, no charge can be made under the Law.

Why not Google it, read those sections and decide on further legal advice or your next step.

As for signing as the Landlord, - if you were my agent and I hadn't granted that power of attorney - I would be accusing you of identity theft.

Why is the landlord being so anonymous, (money laundering, tax exile, pop star)?

19:47 PM, 23rd April 2016
About 3 years ago

it is a legal requirement that 5 days before the court hearing you send the tenant and the court (quoting the case number) an up to date list of the rent accounts.

if i have not done what it says above will s8 possession hearing for rent arrears be struck out on these grounds


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