Section 3 Landlord and Tenant Act 1985

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    Section 3 Landlord and Tenant Act 1985

    Under Section 3 LLTA 1985 a new landlord has to provide their details within two months. Does this apply to new landlords who inherit a property from a deceased relative? It’s been a year since the landlord died and I want to speak to the new landlord but the agent won’t give the landlord’s details and say that contact can only be made via the agent. I know that legally they have to give this information within 21 days but they refuse. I will follow that up at a later date but am more interested in finding out the actual landlord’s obligations. Thanks for any advice.

    #2
    Yes, the landlord does have to serve the notice and you are entitled to withhold rent until they do. I wouldnt recommend this if you plan on being there long term.

    Comment


      #3
      Thank you very much for clarification.

      Comment


        #4
        For the avoidance of doubt, the rent that isn't paid has to be paid when the information is made available.

        If the agent won't respond to a written request within the deadline, there isn't actually much you can do.
        As far as I can tell it would need the police or a local authority to prosecute, because i don't see any realistic way of getting the case to court as it's a criminal offence.
        As it's a criminal offence, a private prosecution is theoretically possible, but it would be ludicrously expensive.

        The name of the property owner should be available on the land registry (costs £3) and that might tell you who the landlord is.

        Why do you want to talk to the landlord if the agent is the one who manages the property?
        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


          #5
          Thank you for your response. We want to find out who the landlord is because we have found out that the property has no HMO license when it should have one. The council haven’t been informed of the death of the original landlord and the land registry still hasn’t been changed. We have paid our rent on time but goodness knows who has received it. We are going to apply for a rent repayment but don’t know who to list as the landlord on the form. The agent is refusing to give details so we have no address to serve the papers. We will probably just send them to the agent to pass on to the executors of the Will.

          Comment


            #6
            The land registry record might not have been changed yet because it might be going through probate which can take a very long time. My neighbour's probate has been going on since their death 14 months ago.

            I would stop paying rent until the agent gives you the landlord's details (you'll have to pay it up to date when you get the details).

            Are you sure the original landlord has died? How did you find out?

            Comment


              #7
              Originally posted by Heidi2016 View Post
              We want to find out who the landlord is because we have found out that the property has no HMO license when it should have one. The council haven’t been informed of the death of the original landlord and the land registry still hasn’t been changed. We have paid our rent on time but goodness knows who has received it.
              It’s more than possible that the landlord hasn’t changed in that case.

              There can be a huge gap between someone dying and the transfer of ownership of the property, during which time the deceased’s estate remains your landlord. I’ve no experience of the process for a licensed HMO, but you’d hope that the licence remains valid until the ownership changes, otherwise the process just won’t work.

              Rent would still be payable although the agent should still be able to confirm who the landlord is.
              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


                #8
                Please note s3 notice , if not sorted, is fines and possible criminal conviction, sadly rarely enforced.

                s48 notice (often the same, but not always..) if not sorted means no rent due. Was an s48 notice served or otherwise landlord address (not necessarily their home), any address in England or Wales given?? Could be c/o Agent.
                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...

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