References & Section 21 Notices

However, due to a problem with the Section 21 notice served by the Agent, possession was delayed by one month. Mrs C subsequently raised a number of complaints which included the Agent’s referencing of the tenant and the Section 21 notice.

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Investigation

The examination of the Agent’s file found that the Section 21 notice had been signed prior to the execution of the Tenancy Agreement. As a result the Court deemed the notice to be invalid and directed Mrs C to reapply for possession, with the consequence of a further delay. The Agent’s referencing of the tenant also fell short of the acceptable standard as a number of documents were missing, including proof of identity from the guarantor. Furthermore, the guarantor indemnity form had not been completed correctly as the Agent had failed to arrange for the guarantor’s signature to be witnessed.

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Outcome

I ordered the Agent to pay Mrs C a sum equal to one month’s rent, as this debt could have been avoided had the initial Section 21 notice been completed correctly. I also made a further award to reflect the aggravation, distress and inconvenience caused by
the Agent’s failings. A total award of £2,043 was made which was accepted by both parties.

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Learning

Ensuring accurately completed documentation and appropriate supporting paperwork is vital to place a landlord in a position to pursue a tenant for outstanding liabilities. It is the agent’s responsibility to make sure the landlord is so equipped.