Landlords address on tenency agreement

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    Landlords address on tenency agreement

    Hi, Must a Landlord provide there own address on a tenancy agreement , I ask this as a previous tenant has made threatening behavior, and am concerned my address may be passed on to them by any new tenants if it is on the new tenancy agreement Can an alternative address be used . Thanks

    #2
    Whilst many landlords do seem to try and hide from the tenants, my understanding is that a tenant has a legal right to request and be supplied with the landlord's name and actual address.

    The tenancy agreement can use a service address, at which the landlord must be prepared to accept legal notices.

    Comment


      #3
      I don't put my address on. However, should I need to write to the tenant then I do put my address on the letter. And if the tenant texted me and asked my address I would give it.

      Is this a HMO?

      Ask the new tenants not to pass on your address.

      Comment


        #4
        Your address will be on Land Registry (£3, 5 minutes..) . If your address is not on Land Reg then expect tenants to sell/re-mortgage the place after they've set up a new ID & bank account as you. Yes it happens.

        In these days of social media & Google it's so much easier to find people: e.g. the 60+ threads you started here ...

        And yes, tenant is entitled to your actual genuine real address.

        Just put it on, unless you don;t live in England or Wales - in which case put real address PLUS an address for the service of notices.

        & neighbours/workmen/etc etc etc...

        What are you trying to hide from, please?


        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Originally posted by lavy View Post
          Hi, Must a Landlord provide there own address on a tenancy agreement , I ask this as a previous tenant has made threatening behavior, and am concerned my address may be passed on to them by any new tenants if it is on the new tenancy agreement Can an alternative address be used . Thanks
          As long as the address is in England and Wales (assuming the tenancy is) and legal notices can be served there (and rent paid) it doesn't have to be your home address.

          If a tenant wants to find their landlord it won't take them long, though.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            If you've registered with the ICO for example, which most landlords should, then the register is public and will list your address

            Comment


              #7
              Hi, I am still a bit unsure as getting some conflicting reply's on here. Just want to know if legally i have to put my address on tenancy agreement or not or can use another address . I am not a Ltd company

              Comment


                #8
                You have to put an address on the tenancy agreement where notices can be served in line with the agreement.
                So, if the tenant wants to contact you about maintenance that needs doing or to give notice they can do so.
                That can be an agent, a PO box or any address that can be used for that purpose.

                If the tenant doesn't have an address (in England or Wales) for that purpose (assuming that's where the property is) the tenant doesn't have to pay you rent until you provide it (although the rent still remains due).

                If the tenant makes a request for your address in writing, you have to give them that information within 21 days otherwise you're committing a criminal offence. That address seems to have to be your actual residence.

                You can tell the tenant not to pass on your details (or give them some other details to pass on if asked).
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Originally posted by lavy View Post
                  Hi, I am still a bit unsure as getting some conflicting reply's on here. Just want to know if legally i have to put my address on tenancy agreement or not or can use another address . I am not a Ltd company
                  If in doubt go to the sources. There are two relevant statutory provisions:

                  Section 48 of the Landlord and Tenant Act 1987:

                  (1) A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

                  (2 ) Where a landlord of any such premises fails to comply with subsection (1), any rent service charge or administration charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

                  (3) Any such rent service charge or administration charge] shall not be so treated in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include the receiving of rent, service charges or (as the case may be) administration charges from the tenant.


                  Subsection (1) imposes an obligation and subsection (2) sets out the consequences of a failure to comply with the obligation. A failure to comply is not a criminal offence. Any address can be given so long as it is in England and Wales. However, a landlord obviously needs to be sensible because any notices delivered to the address he gives will (if otherwise in order) be deemed to have been served.


                  Section 1 of the Landlord and Tenant Act 1985:

                  (1) If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

                  (a) any person who demands, or the last person who received, rent payable under the tenancy, or

                  (b) any other person for the time being acting as agent for the landlord, in relation to the tenancy,

                  that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.


                  (2) A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

                  (3) In this section and section 2—

                  (a)“tenant” includes a statutory tenant; and

                  (b)“landlord” means the immediate landlord.


                  Subsection (1) imposes an obligation and subsection (2) sets out the consequences of a failure to comply with the obligation. The obligation only arises if a request is made and is only binding on the person who receives the request. A failure to comply is a criminal offence. Section 38 says: “address” means a person’s place of abode or place of business or, in the case of a company, its registered office. Accordingly, in the case of an individual, the address must be the actual address of the landlord and not an accommodation address.

                  Comment


                    #10
                    Originally posted by theartfullodger View Post
                    Your address will be on Land Registry (£3, 5 minutes..) . If your address is not on Land Reg then expect tenants to sell/re-mortgage the place after they've set up a new ID & bank account as you.
                    Apart from that, if you do not live at the property it is important to have an address which one way or another will make sure you receive communications from the Land Registry. The Registry will only send notices or other important communications to you at the address(es) on the register. You can have up to three addresses one of whch can be an email. See further here: https://www.gov.uk/government/public...ss-for-service

                    Comment


                      #11
                      It's a sensible precaution to sign up to the land registry's monitoring service.
                      That tells you if anyone makes any enquiry about the property (I don't know if it reports anyone printing off the details, because I've never had an alert like that, but don't know if anyone has printed off the details).

                      You can also add a Restriction by owner not living at property for any property you own (and don't live in).
                      It requires anyone carrying out any conveyancing to carry out a specific check on the person claiming to be the property owner to check that they're who they say they are. That makes it more difficult for anyone to sell the property or mortgage it when they shouldn't!

                      It can be a pain if you have to remortgage the property because you have to prove who you are (which costs!)
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        Originally posted by Lawcruncher View Post

                        Apart from that, if you do not live at the property it is important to have an address which one way or another will make sure you receive communications from the Land Registry. The Registry will only send notices or other important communications to you at the address(es) on the register. You can have up to three addresses one of whch can be an email. See further here: https://www.gov.uk/government/public...ss-for-service
                        Indeed: Someone of the IDENTICAL name to me - he's a QC from Wales, I'm 'umble scum - is being made bankrupt & the land registry wrote to me about getting a charge on my one English property. Luckily I had registered an email ID & another address, if I hadn't could have been very painful.
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment

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