Section 47/48 - Change of LL and address

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  • Section 47/48 - Change of LL and address

    For other P we just did it when we signed a new 6 month AST and redeposited the deposit, which is a bit of a pain.

    But one tennant doesn't want a new AST which is fine with as, he been on a PST for years.

    Is there a special form which must be used or just a letter be ok, and if so any particual wording?
    Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

  • #2
    S.47: L's address to appear on rent demands.
    S.48: L's address (and so each change thereof) to be notified to T.
    Does the second-mentioned T have L's current address? If not, serve s.48 Notice. There is no prescribed form/layout; a letter would do.
    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).

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    • #3
      No as my son has no fixed address at the moment as he is travelling at the moment, but have told tennant that notice can be served to me, which is the same address as on his contract 4 years ago.

      T has been told of the change of ownership, and the new name.

      In the letters did I need to mention the relevant sections of the housing act.
      Or was a FYI letter fair enough, as I find sometimes people panic is you start quoting legal acts.

      Many thanks for your reply
      Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

      Comment


      • #4
        1. It's not the Housing Act at all. The references are to the Landlord and Tenant Act 1985.
        2. As long as L has nominated your address for service, and T has been notified of it, that's sufficient.
        3. What 'new name', however? Did your son buy an already-tenanted property (i.e. with a true 'sitting tenant')?
        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
          yep your right, Landlord and Tenant Act 1985 thinking and typing not my strongest skill.

          No I passed it on to him.
          Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

          Comment


          • #6
            So you transferred it (tenanted) to son. Did he serve T with Notice under s.3 of LTA 1985? That's even more vital (criminal offence not to serve!)
            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
              yes,

              Unless the lawyer did it, we done nothing,
              What form, procedure do we needs to follow?
              Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

              Comment


              • #8
                Originally posted by mjbfire View Post
                Unless the lawyer did it, we done nothing,
                What form, procedure do we needs to follow?
                1. Get Notice.
                2. Serve it.
                3. Er, that's all.
                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
                  Is there a particual form we have to use? and do you have an example?
                  Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

                  Comment


                  • #10
                    No, I don't, but there is a specific prescribed from. You might be able to buy one online (or from a Law Stationer's)
                    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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