Landlord's address on tenancy agreement - Barrister's opinion

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    Landlord's address on tenancy agreement - Barrister's opinion

    Desmond Kilcoyne is a barrister specialising in property law who included the following information in a reply to a query in The Sunday Times "Ask the Experts" pages June 11th 2006 in which is was asked whether the landlord's name and home address must be included on the tenancy agreement.

    A landlord of residential premises must provide the tenant with an address in England and Wales to which formal notices (including notices in court proceedings) may be sent by the tenant or the tenant's solicitor (section 48 of the Landlord and Tenant Act 1987)

    So all you need to do, as landlord, is to provide an address. Your first agent is therefore correct in saying this does not need to be your home address. It could be yur place of work or, sensibly, your letting agent's office.

    Whichever address is given, it must be clear to the tenant that the address can be used for sending any formal notice to the landlord. This can be done by providing the address in a completely unqualified way ( Worldlife's note - questioner stated one agent described landlord's address on tenancy agreement c/o their office) as your first agent has done, or by using the statutory wording, for example:- The landlord's address at which notices (including notices in proceedings) may be served upon him by the tenant is..........."

    The provision of a postal address for the payment of rent, or the address of an emergency repairman, is not enough.
    Desmond Kilcoyne then goes on to explain that until the address is provided rent and service charges owed by the tenant are treated for all purposes as not being due from the tenant. Once the address is provided all back rent is then owed!
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    #2
    so presumably a po box would suffice? as long as it was in england or wales. or do i recall that the post office have to provide details of the owner i.e. real address to any enquiry for it?



    p.s. don't worry all you scot's out there you can have your mail sent to me, i'm only in newcastle shouldn't take you long to drive down and pick it up

    Comment


      #3
      You cannot hide your identity behind a mailbox

      From Royal Mail - PO Boxes give you a new address

      Disclosure of information

      We reserve the right in all cases to give the address of the PO Box holder, should it be requested.

      The PO Box address (and title) will be added to our national address database, the Postcode Address File (PAF). Information on PAF is used to produce a number of address management products available to the public. It is also reproduced in free postal address books, which we provide to all organisations listed on the file. Find out more about PAF data and Postal address books.
      Sensitive boxes

      If you need your address to be fully private (for example, if you run a women’s refuge centre, a rape crisis centre or if you’re a member of the security forces), you’ll need to write to us explaining why, along with a letter of endorsement from the police or a similar body. For more information please contact 08457 950 950.
      Vic - wicked landlord
      Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
      Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

      Comment


        #4
        Please note this thread is dealing with Section 1 of the Act.

        See No guarantor form - is guarantor liable for the application of Section 48.

        Seems there are two provisions here. One is for the address on which notices should be served and the other is for the right of the tenant to know the landlord's name and address (whether or not he/she is resident in England or Wales)
        Vic - wicked landlord
        Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
        Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

        Comment

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