LTA 1985 s.1/s.2 Notices- L's identity

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    LTA 1985 s.1/s.2 Notices- L's identity

    Could someone post a form letter that I can use to formally request a registered address?

    My contract states the following address:

    Landlord name
    C/O
    Agency address

    #2
    Originally posted by unhappytenant View Post
    Could someone post a form letter that I can use to formally request a registered address?

    My contract states the following address:

    Landlord name
    C/O
    Agency address
    Do you mean:
    a. a company registration number/ address; or
    b. L's name/address (under s./s.2 of LTA 1985)?
    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


      #3
      That would be for B...

      Comment


        #4
        Originally posted by jeffrey View Post
        Do you mean:
        a. a company registration number/ address; or
        b. L's name/address (under s./s.2 of LTA 1985)?
        Correction (as I can't edit it): its final words should have been (under s.1/s.2 of LTA 1985).

        Sorry!
        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


          #5
          Landlord & Tenant Act 1985 Section 1

          Some time ago (over 21 days), I requested our landlord's address from the letting agent. They refused to give it as they are managing the propoerty. I wrote again, pointing out their obligations under S1 LTA 1985 (following advice on this forum). They have ignored this contact.
          Due to problems we have had, and are having, I want to contact the landlord. I have spoken to the housing department of the local authority (on advice from Shelter), who have helpfully told me to a) get a solicitor, or b)contact the agent!!
          How do I get the agent to fulfil their obligations?

          Comment


            #6
            Originally posted by Clubman View Post
            Some time ago (over 21 days), I requested our landlord's address from the letting agent. They refused to give it as they are managing the propoerty. I wrote again, pointing out their obligations under S1 LTA 1985 (following advice on this forum). They have ignored this contact.
            Due to problems we have had, and are having, I want to contact the landlord. I have spoken to the housing department of the local authority (on advice from Shelter), who have helpfully told me to a) get a solicitor, or b)contact the agent!!
            How do I get the agent to fulfil their obligations?
            Sod the Agent. Go direct to L. Get his/her name & address from HMLR (LR Online) for £3, and serve L direct.
            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


              #7
              Jeffrey, if non compliance to S1 LTA 1985 is a criminal offence then wouldn’t that police do anything?

              Comment


                #8
                Originally posted by SALL View Post
                Jeffrey, if non compliance to S1 LTA 1985 is a criminal offence then wouldn’t that police do anything?
                Yes (they should) but no (they won't).
                OFT or your local Council might, though.
                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


                  #9
                  Originally posted by jeffrey View Post
                  Yes (they should) but no (they won't).
                  OFT or your local Council might, though.
                  Just as I thought, I guess they busy issuing parking tickets and check road tax discs on vehicles.

                  Comment


                    #10
                    Originally posted by jeffrey View Post
                    Sod the Agent. Go direct to L. Get his/her name & address from HMLR (LR Online) for £3, and serve L direct.
                    May not be helpful if the address shown is the property that is let!

                    Tell the agent that you will be report them to the relevant authority* if they do not comply with your request forthwith. Remind them, if you have not already done so, of the criminal sanctions that attach to non-compliance with your request.

                    *I am not quite sure what the "relevant authority" is for this purpose. Have a word with Trading Standards.

                    If no address in England and Wales for service of notices has been supplied as required by Section 48 (1) of the Landlord and Tenant Act 1987 tell them that no rent is due until that section has been complied with. If you do have an address for service of notices that is the address to use if you want to serve a notice. If you simply want to contact the landlord then S 48 is not a lot of help if the address for service is the agent's office.

                    Comment


                      #11
                      The landlord or anyone acting on her/his behalf must provide the landlord's full name and address when this is requested in writing by a tenant. The tenant has a legal right to know the name and address of the landlord. A tenant can find out her/his landlord's name and/or address by writing to the person who last collected rent and asking for the landlord's full name and address, pointing out her/his right to this information under Section 1 of the Landlord and Tenant Act 1985. The tenant should keep a copy of the letter, and send it by recorded delivery. If the person to whom s/he writes does not reply in writing within 21 days of receiving the letter, that person is committing a criminal offence. If the tenant does not receive a reply within the 21 day period, s/he can inform the Tenancy Relations Officer (TRO) at the local authority. The TRO will investigate the case and can prosecute the person who has not provided the information. If the landlord is a company, rather than an individual, the tenant can write and ask for the names and addresses of the company directors and secretary. A tenant (or anyone else) also has the right to inspect the Land Register to find out a landlord's name and address.
                      Always double check advice... not just mine!

                      Comment


                        #12
                        Originally posted by Impartial Advice View Post
                        The landlord or anyone acting on her/his behalf must provide the landlord's full name and address when this is requested in writing by a tenant. The tenant has a legal right to know the name and address of the landlord. A tenant can find out her/his landlord's name and/or address by writing to the person who last collected rent and asking for the landlord's full name and address, pointing out her/his right to this information under Section 1 of the Landlord and Tenant Act 1985. The tenant should keep a copy of the letter, and send it by recorded delivery. If the person to whom s/he writes does not reply in writing within 21 days of receiving the letter, that person is committing a criminal offence. If the tenant does not receive a reply within the 21 day period, s/he can inform the Tenancy Relations Officer (TRO) at the local authority. The TRO will investigate the case and can prosecute the person who has not provided the information. If the landlord is a company, rather than an individual, the tenant can write and ask for the names and addresses of the company directors and secretary. A tenant (or anyone else) also has the right to inspect the Land Register to find out a landlord's name and address.
                        All true, but just confirming previous posts. What would you do if you were T, please?
                        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


                          #13
                          Thanks all.
                          I have been round in circles on this. My local authority website pushes me to Consumer Direct for Trading Standards matters. Consumer Direct pleaded ignorance, and put me on to Shelter. Shelter very helpful, confirmed my understanding of the law (per advice given on this forum), and directed me to my local authority. They don't have a Tenancy Relations Officer, so I was put through to their Housing Options department, who told me to speak to the agent!

                          It seems perfectly clear from the advice that I have been given that the agent is breaking the law. Unfortunately, it seems impossible to find a competent authority that will either enforce compliance or apply sanction.

                          This agent has messed me around from day 1, and I'm not going to give up. I want them to realise that if they mess people around, they aren't immune from following the law.

                          If I do get any joy, I'll let you know.

                          Comment


                            #14
                            Can a private individual still "lay a complaint before a magistrate"?

                            Comment


                              #15
                              Try asking your neighbours if they have any information who your landlord is. Sometimes i give my number to neighbours to contact me if anything happens and the tenants are away - such as a break in.

                              Comment

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