Section 21 Notices – who can sign it?
Agents particularly and some larger landlords who run companies to manage their property need to be aware of a changing viewpoint from the circuit judges regarding accepting Section 21 Notices that have been signed by a junior and not the director or authorised signatory.
This refers back to The Companies Act 2006, Section 44 – the execution of documents. The judges are questioning the legitimacy of a legal document signed on behalf of a third party by anyone who is not the owner/director or having a letter of authority to sign on their behalf. Whilst this not enshrined in case law, it is becoming a growing and accepted viewpoint from the courts. To this end in order to make sure that the accelerated possession proceedings, do not stumble at the first hurdle, put a policy in place for signing these important legal documents or be prepared to add another two or three months to possession time as the Section 21 notice is re-served.