No address for L; is Letting Agreement still valid?

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    No address for L; is Letting Agreement still valid?

    does our tenancy agreement become null and void when the landlords address on our tenancy agreement changes, and we have no forwarding address for him , only a mobile number? can anyone help?

    #2
    Originally posted by glamrockmum View Post
    does our tenancy agreement become null and void when the landlords address on our tenancy agreement changes, and we have no forwarding address for him , only a mobile number? can anyone help?
    No, it doesn't. However, unless L complies with s.48 of the Landlord and Tenant Act 1987 (by providing T [= you] with an address for service in England & Wales), L cannot treat rent as due. Here's that section in full:

    (1) A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.
    (2) Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.
    (3) Any such rent or service charge shall not be so treated in relation to any time when, by virtue of an order of any court, there is in force an appointment of a receiver or manager whose functions include the receiving of rent or (as the case may be) service charges from the tenant.


    Moreover, by s.3 of LTA 1985, it's a criminal offence for L not to provide an address at the start; the same applies on any change of L's 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


      #3
      Originally posted by glamrockmum View Post
      does our tenancy agreement become null and void when the landlords address on our tenancy agreement changes, and we have no forwarding address for him , only a mobile number? can anyone help?
      The landlord's change of address does not end your tenancy.

      If you have never been given an address you can withhold rent until one is given.

      If you have been given an address you are entitled to use the one given until you are notified differently.

      If you pay rent to an agent you can serve notice on the agent requiring him to notify you of the landlord's address.

      Comment


        #4
        Originally posted by Lawcruncher View Post
        If you pay rent to an agent you can serve notice on the agent requiring him to notify you of the landlord's address.
        Yes. Cite section 1 of LTA 1985 as your authority for such a 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


          #5
          Originally posted by Lawcruncher View Post
          The landlord's change of address does not end your tenancy.

          If you have never been given an address you can withhold rent until one is given.

          If you have been given an address you are entitled to use the one given until you are notified differently.

          If you pay rent to an agent you can serve notice on the agent requiring him to notify you of the landlord's address.
          I'd like to commend this poster on his excellent use of plain English.

          Definitely the best words in the best order!
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            so until our landlord provides us with an up to date address, as we have had post returned from the address on our tenancy agreement and we know that he has sold that property a couple of months back, we are entitled by law to withold rent until he provides us with an address??

            we deal entirely with the landlord, not through an agency which we know now was a terrible mistake. hindsight is a wonderful thing eh

            Comment


              #7
              Originally posted by glamrockmum View Post
              so until our landlord provides us with an up to date address, as we have had post returned from the address on our tenancy agreement and we know that he has sold that property a couple of months back, we are entitled by law to withold rent until he provides us with an address?
              Yes. The rent is only suspended, however, and the full amount due during the s.48 suspension period will be payable once L complies.
              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


                #8
                Originally posted by glamrockmum View Post
                so until our landlord provides us with an up to date address, as we have had post returned from the address on our tenancy agreement and we know that he has sold that property a couple of months back, we are entitled by law to withold rent until he provides us with an address??
                I have to disagree with Jeffrey. The requirement is to furnish the tenant with an address for service of notices. It does not have to be the landlord's actual address. If the address furnished is where the landlord lives and the landlord moves it is in his interest to advise the tenant of his new address as any notice served at the previous address will be validly served if no new address is notified.

                The requirement of the person who receives rent to furnish the landlord's address on request is a different provision arising under a different act and there the actual address must be supplied.

                Here are the statutory provisions in full:

                Section 48 Landlord and Tenant Act 1987

                Notification by landlord of address for service of notices

                (1) A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

                (2) Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

                (3) Any such rent or service charge shall not be so treated in relation to any time when, by virtue of an order of any court, there is in force an appointment of a receiver or manager whose functions include the receiving of rent or (as the case may be) service charges from the tenant.

                Section 1 Landlord and Tenant Act 1985

                Disclosure of landlord’s identity

                (1) If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

                (a) any person who demands, or the last person who received, rent payable under the tenancy, or

                (b) any other person for the time being acting as agent for the landlord, in relation to the tenancy,

                that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

                (2) A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

                (3) In this section and section 2—

                (a) “tenant” includes a statutory tenant; and

                (b) "landlord” means the immediate landlord.

                Comment


                  #9
                  I dont understand the last post, who's responsibility is it to give me up to date address.

                  Comment


                    #10
                    Originally posted by glamrockmum View Post
                    I dont understand the last post, who's responsibility is it to give me up to date address.
                    The agent's.

                    Comment


                      #11
                      he doesnt have an agent, we deal just with the landlord

                      Comment


                        #12
                        Originally posted by Lawcruncher View Post
                        The agent's.
                        No, the landlord'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


                          #13
                          Originally posted by jeffrey View Post
                          No, the landlord's.
                          We are both a bit wrong. The obligation is imposed on the person to whom a written request is made being

                          (a) any person who demands, or the last person who received, rent payable under the tenancy, or

                          (b) any other person for the time being acting as agent for the landlord, in relation to the tenancy.

                          If the person comes within paragraph (a) and is the landlord you do though have a problem as you cannot make a written request if you do not know where to send it.

                          Comment


                            #14
                            Originally posted by Lawcruncher View Post
                            If the person ...is the landlord you do though have a problem as you cannot make a written request if you do not know where to send it.
                            The age-old existentialist dilemma, in fact.
                            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                            Comment


                              #15
                              Landlord Issues

                              The Agent has to provide you with the details for the LL within 21 days of your request.

                              Failure to do so is a criminal offence.

                              IE

                              Comment

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