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woodhar

Section 21 Spelling Error

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Agent has issued a Section 21 with a misspelt Christian Name but correct surname, just one letter wrong in forename. Would he need to issue a new one.

 

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If everything else associated with the rules for issuing an S21 have been complied with (e.g. Notice, service, EPC, gas cert, how to rent booklet etc etc from the 2015 regs)  then, in my opinion the answer would be no, not necessary to reissue the S21.

Most tenants comply with an S21 when it's served and you should know already if you have the kind of tenant who will comply or cause trouble.

Of the few who don't and who require court action to be taken it would have to be a particularly beligerent judge to rule that the S21 was not valid.

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To my mind this would depend on how long ago the notice was served, I would also interogate the notice and service of to be sure that all other procedures were correctly followed.

If there is urgency to repossess the property, and the notice has already run up most of the 2 month expiry period and a reasonably minded person should be capable of understanding the notice intent then you should be alright.

In areas where I rent I feel sure Shelter would pick up on this and attempt to use it to advantage, the judgement call is if I would feel confident enough to argue the point in front of a Socialist Judge where further expence and time could be lost.

 

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I can only speak from experience being someone who has served many dozens of s21's and probably been to 20-30 court hearings over the years. I have seen judges not pick up/notice very obvious mistakes and other times go over the paperwork with a fine tooth comb (whatever one of those are).

It does make a difference if the tenant has got legal aid or a shelter rep who will try to clutch at straws (what ever that means) but you wont likely know until the hearing if they will be there..

On balance the decision whether to go ahead  is yours but if the notice has only just been served I would serve a new correct one. If not you could take a punt (odd expression) and hope for the best and if it fails you may have a claim against the agent for any losses. If the rent is still being paid and the property looked  after and it doesn't matter if possession is delayed I would serve a new correct one. 

 

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On 10/31/2018 at 7:12 PM, Grampa said:

 I have seen judges not pick up/notice very obvious mistakes and other times go over the paperwork with a fine tooth comb (whatever one of those are).

I

 

Ah! Now Grampa I just happen to know what this often used expression means:  For those of you old enough to remember "Nitty Nora" the head lice nurse that use to visit schools (in my day) and you would end up with a blue scalp from some evil iodine treatment potion.

Definition of fine-tooth comb. 1 : a comb with close-set teeth used especially for clearing parasites or foreign matter from the hair. 2 : an attitude or system of thorough searching or scrutinizing went over the report with a fine-tooth comb.

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