Landlord's address- Notices

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  • Landlord's address- Notices

    This thread summarises some rules about what address L needs to disclose, whether to long-leaseholder or AST/SAT/etc. tenant.

    LTA 1987
    1. S.47: Rent demands from L to T must state:
    a. L's name;
    b. L's address (anywhere); and
    c. [if that address is not in E&W] an E&W address at which T can validly serve Notices, inc. in Court proceedings.

    2. S.48: At least once at start of lease/tenancy or thereafter, L must notify an E&W address at which T can validly serve Notices, inc. in Court proceedings. Failure means that L cannot treat any rent (or service charge) as due- it is suspended until L complies.

    LTA 1985
    3. S.3: If L1's interest passes to L2, subject to T's continuing lease/tenancy, L2 must send to T a Notice that states:
    a. L2's name; and
    b. L2's address.
    [Note that L2 should also send L1's Letter of Authority, directing T to pay future rent to L2].

    4. MOST IMPORTANT: The address requirement for the 1985 Act is different from the 1987 Act. By s.38, it must be "[L's] place of abode or place of business or, in the case of a company, its registered office". This need not be in E&W but, on the other hand, a 'c/o address' is insufficient. Failure to notify T is a criminal offence by L: s.3(3)!
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  • #2
    It's not quite clear if L's address under s47 L&T 1987 is required to be the registered office?

    If not, then is the Managing Agents address sufficient?
    I am not a solicitor, I am a lessee/shareholder in conflict with the management. Please seek your own legal advice before relying on my comments in this forum!

    Comment


    • #3
      Originally posted by animal View Post
      It's not quite clear if L's address under s47 L&T 1987 is required to be the registered office?

      If not, then is the Managing Agents address sufficient?
      Any address will do for s.47, provided that L will be aware of whatever arrives there- 'not knowing' will not be a defence!
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


      • #4
        If an invoice complies with s47, but the address is different from the previous s48 notice, is the service charge due? i.e. is the address on an invoice sufficient to satisfy a s48 requirement?

        Does the s48 notice have to state it is a notice under s48 or that this is the address for the service of notices?
        I am not a solicitor, I am a lessee/shareholder in conflict with the management. Please seek your own legal advice before relying on my comments in this forum!

        Comment


        • #5
          Originally posted by animal View Post
          If an invoice complies with s47, but the address is different from the previous s48 notice, is the service charge due? i.e. is the address on an invoice sufficient to satisfy a s48 requirement?

          Does the s48 notice have to state it is a notice under s48 or that this is the address for the service of notices?
          As s.48 does not prescribe any particular format nor any style of wording, I consider that the provison of an address in the s.47 demand would be sufficient. Remember also that any ground rent demand must comply with s.166 of the 2002 Act too, as to format/contents; this latter is not directly concerned with L's name/address.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


          • #6
            Landlords Address

            In a post recently someone mentioned what section of the L&TA stipulated the right for the T to know the LL address even if the letting was through an agent.

            Have had a search through, but can't find it. Can someone please remind me?
            Thanks

            Comment


            • #7
              Section 48 of the Landlord and Tenant Act 1987 provides that a landlord must supply his name and address to a tenant and until he does so no rent is due.

              Section 1 of the Landlord and Tenant Act 1985 provides that the person who demands rent or to whom the rent was last paid must supply the name and address of the landlord within 21 days of request; failure to comply is a criminal offence.

              Comment


              • #8
                But, correct me if I'm wrong, it does not need to be the LL's home address. It can be any address within the UK at which a notice can be served and the LL will receive it.
                If I'm correct then it can be a place of work, another rented property, or even the agent's address - or the mother-in-law's............:-))

                Comment


                • #9
                  Originally posted by harry1001 View Post
                  But, correct me if I'm wrong, it does not need to be the LL's home address. It can be any address within the UK at which a notice can be served and the LL will receive it.
                  If I'm correct then it can be a place of work, another rented property, or even the agent's address - or the mother-in-law's............:-))
                  Read post #1. Sometimes the address must be L's own; sometimes (e.g. 1987 Act), any nominated E&W* address will do.

                  *- but not elsewhere in UK.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                  • #10
                    Can a landlord comply with Section 47/48 by including the following within the tenancy agreement:

                    The Landlord notified the Tenant pursuant to Sections 47 and 48 of the Landlord and Tenant Act 1987 that the address at which notices (including notices in proceedings) may be served upon the Landlord is: 123 Albert Drive, London, SW1 1AB.

                    Comment


                    • #11
                      Yes, for s.48.
                      However, s.47 involves providing details on every written demand.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                      • #12
                        Hi, If all rent becomes due when s48 is complied with what happens if Tennant doers a runner, is taken to court denies address given, case thrown out. Now case is simple issue s48 rent due is now due however does the s48 now apply given tenant is no longer the tenant to the property they abadoned and owe arrears on till the point new tenants found?

                        Comment


                        • #13
                          SorrybutIcannotunderstandyourpost! Please clarify what you are asking.
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                          4. *- Contact info: click on my name (blue-highlight link).

                          Comment


                          • #14
                            Sorry, can a s48 notice be served on a tenant , thus making all rent due unsuspended if he no longer is a tenant?

                            Comment


                            • #15
                              If someone (X) still holds a tenancy, whether or not remaining in occupation, X is still liable for rent. L needs to serve s.48 Notice in that case.

                              There would be no point in L serving such Notice if X is no longer the person obliged to pay rent!

                              So first determine if X is still liable. If X is an ex-tenant, serve s.48 Notice to be on the safe side- why not?- and this will unsuspend rent due.
                              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                              4. *- Contact info: click on my name (blue-highlight link).

                              Comment

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