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landlord's full name not on tenancy agreement


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My landlord has used a shorted version of his full name on the tenancy agreement that was signed a month ago. I want to know if my tenancy is going to be valid. The agent has actually signed on his behalf and provided me the shortened name. I had not asked to see the landlord's passport before signing as I assume agents will provide tenants with landlord's legal name on the tenancy agreement. I read somewhere in google that it is an offence if agents do this.

 

Instead of xxxxx xxxxxx, the shortened version is missing only a letter at the end of the first name. The last name is the same. I wonder if this will make the agreement invalid and will it be taken as a lodger agreement?

 

I asked the landlord and he e-mailed me telling me that his full name is so and so and he has used a shortened version on the tenancy agreement. Will this confirmation from the landlord be enough to make the tenancy agreement valid then? Since he is already confirming by e-mail that he is the person on the contract and the shortened version represents the person with his full name.

 

Will my tenancy agreement still be valid with that e-mail assertion?

 

He has also not provided me a deposit certificate within 14 days. I wrote and chased him for it after 14 days and he sent me one with the wrong tenancy dates that don't match tenancy agreement. I have e-mailed him to make corrections and told him I won't countersign it unless it has the correct details. The name used in the deposit cert. is his full name, not the short version on the Tenancy agreement. That's how I found out that he did not use his full name on the TA when I investigated with him. On the second page of the deposit certificate, there is information on the following:

 

The prescribed information on the Housing Act 2004 on the section 3 of my TDS states that 'The following information in connection with the tenancy in respect of which the deposit has been paid:

iv)the name, address telephone number and any e-mail address or fax number of landlord.

 

Therefore, my understanding is that the name the deposit certificate must relate to the tenancy agreement and not be different in spellling or any minor versions. Otherwise, the deposit protection will not be valid by law, am I correct?

 

But the tricky thing is the landlord's name on the TA is not even his full name, it's a shortened form. So if I ask the landlord to correct the deposit certificate, would it help if I ask him to put his full name 'xxxxxx xxxxxx' there and write 'aka xxxxx xxxxxx next to his full name on the deposit certificate so that the aka matches the tenancy agreement?

 

I want to how I can find a way to show the name on the deposit certificate is same as TA while the name on the TA is in question. Will the e-mail assertion confirming his shortened name on the TA help in making the TA valid?

 

I don't know what position I am in now. Am I a lodger or a tenant? The agent and landlord have tricked me from the start.

 

I cannot imagine people out there would have the peace of mind to do such trickeries to others. Really, I have wasted too much time on this and lost my peace living in the new flat, even if it's better looking than my previous one.

 

Tks.

Edited by GS2010
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Agreed. This is LESS than a technicality. The shortened name has zero legal implications.

 

Even if it did, it certainly wouldnt make you a lodger instead of a tenant.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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If his real name is James Charles Watson and he used the name Jim Watso on the lease, it makes no difference as stated above. The name Jim is the same as James and the fact there is one letter missing off the surname is just a typo. If the name said Mohammed Akbul that would be a different matter altogether.

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It's not a typo, he just shortened the name for convenience similar to Victor becomes Vic or Susan becomes Sue in my landlord's case his first name was shortened by omitting the last letter.

 

Actually in his workplace, he uses the shortened name for all communication. But I am not sure if his legal name is the full name or shortened name i.e. on his passport.

 

I do agree that it does not show the name belongs to a different person. But in the landlordlawblog website (a landlord/tenant website set up by a solicitor and this is 31st day advice give), it does say to make sure not to shorten any names. I did not follow regarding making sure my landlord used his full name. Read the beginning part of the website page below explains it:

 

The Parties to the tenancy agreement

Perhaps the most important thing to say is that when you are writing the names of the parties on your tenancy agreement, you need to get them right. Make sure that all spellings are correct, and put the full name – Mr Andrew Smith rather than just A Smith.

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It still has very little relevance.

 

EVEN if it has an impact (which I simply cannot see), it is easily rectified by a Section 20 notice after the event.

 

It certainly doesnt nullify the contract in the interim.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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The landlord as not provided the certificate within 14 days and he sent it only when I enquired why. Then he sent one with all the wrong tenancy dates and deposit taken date and used his full name instead. This is obviously an attempt to avoid the certificate being valid.

 

I wrote to him to send a new one with the correct information but he is still asking me what are the things to correct. It is his responsibility to sort it out himself. I am not sure how long is this going to be delayed. I may have to eventually go to court if he delays it for too long or make too many excuses.

 

As I have already wrote to him to correct the certificate after the 14 day deadline (and he is taking the time to do so), would I still have the right to argue in court later that he missed the 14 day deadline and get my compensation for this fact?

 

I also don't have an alternative place to stay and don't want to move again as I may risk getting a notice from him if I immediately start legal action. I think it will be weird to continue stay in his flat while the case has gone to court as all trust has broken and it will be difficult to communicate with him on future possible issues related to the flat. I thought I would give him a chance to correct it and send me a new one but it seems he is delaying it and I just don't want it to wait so long that I will end the lease one day without a valid certificate.

 

Tks...

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GS2010 not sure what your 'angle' is here? For want of a better word you appear to be being quite 'precious'.

 

Not sure what you mean by 'validity' of the tds certificate? If you type the reference number into the paricular TDS website (or ring them) and it shows the correct deposit amount protected for your name protected until at least the end of your teancy then its valid. Wether it says the landlords full name or one of the 72 names of God seems to be neither here nor there for your purposes of ensuring you will be able to get the depsoit back at the end of what I would suggest is going to be a rather brief tenancy. So is the correct deposit amount protected in your name or not?

 

In terms of the 14 day period for protection, case law suggests thats a particular weak argument.

 

In terms of having the certificate corrected, if the deposit is protected (correct amount in your name) then I dont see the point.

 

What are you hoping to gain that you already dont have?

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My name and the landlord's name is there on the cert.

 

As you asked whether there is a correct deposit amount, I would say no. There is no pound currency symbol, just the figure.

 

The break date and start date of tenancy on the cert. are wrong, do not match my tenancy agreement. Date deposit collected from me was wrong as well. These are important items that can be disputed if I sign it regardless.

 

I am supposed to sign the cert. only if the details are correct. I asked the TDS, and they said the short name is OK. But for the amount without the pound symbol, they said they don't pay in foreign amounts. I think the above are the ones that are left which I would like the landlord correct at the least.

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As you asked whether there is a correct deposit amount, I would say no. There is no pound currency symbol, just the figure.

 

I think you are winding us up. This is beyond 'precious'.

I suspect you will be receiving another document from your LL really soon, a s.21 notice, that you will have the opportunity to assess so fastidiously.

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