Landlords address

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    Landlords address

    Does a letting Agent have to give a tenant a private address for the Landlord even if the Agent's office address has been supplied for rent/posting notices etc? I have read that they do, if 21 days notice is given, but also that they don't if the letting agent's address is supplied. Which is true please?
    Thanks in advance for any help given.

    #2
    The short answer is that they do have to supply the LL's address. The landlord may have a convenience address for such things as serving papers and notices, that may well be the agents address. If the LL lives abroad he has to nominate an address in E&W for such things.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      There are two separate provisions.

      Section 48 of the Landlord and Tenant Act 1987 provides that a landlord must supply a tenant with an address in England or Wales and until he does so no rent is due. Such an address need not be the landlord's actual address.

      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. The Act says that the tenant must be supplied "with a written statement of the landlord’s name and address". Although it does not expressly say so, that would seem to mean the actual address.

      The difference between the two Acts is that the 1987 Act refers to an address, whilst the 1985 Act refers to the adress.

      Comment


        #4
        What can a tenant do if the letting agent refuses to give landlord's address

        Thank you both very much for this. Can you tell me what I can do if the letting agent refuses to give the address after 21 day's notice?

        Comment


          #5
          if the letting agent refuses to supply details of the landlords' address

          you could go on to the land registry website and download a copy of the landlord's registered title. This costs four quid. If a flat download the leaseholders title, not the freeholders' which is unlikely to be relevant. It is possible that the landlord has moved from the address registered with the land registry but not terrribly likely.

          I am under the impression that as others have said rent need not be paid if you are not provided with an address "for service" in England and Wales which the landlord has specifically nominated. This is obviously intended to make landlords more available to their tenants. You are not entitled to have the landlord's private address if the address he provides for good service for example his solicitor or agent

          Comment


            #6
            Originally posted by caroline46 View Post
            Thank you both very much for this. Can you tell me what I can do if the letting agent refuses to give the address after 21 day's notice?
            This would be a criminal matter and could result in a £2500 fine.

            Comment


              #7
              Originally posted by quarterday View Post
              you could go on to the land registry website and download a copy of the landlord's registered title. This costs four quid. If a flat download the leaseholders title, not the freeholders' which is unlikely to be relevant. It is possible that the landlord has moved from the address registered with the land registry but not terrribly likely.

              I am under the impression that as others have said rent need not be paid if you are not provided with an address "for service" in England and Wales which the landlord has specifically nominated. This is obviously intended to make landlords more available to their tenants. You are not entitled to have the landlord's private address if the address he provides for good service for example his solicitor or agent
              You are right, that is s48 of Lawcrunchers post. However an 'actual' address has to be given for s1 L&T 1985.

              Comment


                #8
                Originally posted by Lawcruncher View Post
                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. The Act says that the tenant must be supplied "with a written statement of the landlord’s name and address". Although it does not expressly say so, that would seem to mean the actual address.

                The difference between the two Acts is that the 1987 Act refers to an address, whilst the 1985 Act refers to the adress.
                I see what your reasoning is there LC, but I have always understood it to be an address for the service of notices etc. There may be good reasons for a person (be they a landlord or not) to want to keep his home address private. One can see situations where a deranged tenant might just want to go round and hurl bricks through windows. The difference between 'an' address and 'the' address seems a bit pernickerty to me. What about if the LL is an itinerant worker with no permanent place of abode? It would seem to me that if he has complied with the law by supplying an address where he can receive notices, then that is all that is required.
                I offer no guarantee that anything I say is correct. wysiwyg

                Comment


                  #9
                  Originally posted by Lawcruncher View Post
                  There are two separate provisions.

                  Section 48 of the Landlord and Tenant Act 1987 provides that a landlord must supply a tenant with an address in England or Wales and until he does so no rent is due. Such an address need not be the landlord's actual address.

                  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. The Act says that the tenant must be supplied "with a written statement of the landlord’s name and address". Although it does not expressly say so, that would seem to mean the actual address.
                  ** Yes, but this means 'section 3', a re-active provision from T's viewpoint.
                  The reference to 'section 1' is to the pro-active provision by which T can demand that L or L's agent supply T with L's address.

                  Originally posted by Lawcruncher View Post
                  The difference between the two Acts is that the 1987 Act refers to an address, whilst the 1985 Act refers to the adress.
                  AND other differences are that:

                  1a. L's non-compliance with s.48 is a civil matter only, so L cannot treat unpaid rent as due unless complies; whereas
                  b. L's non-compliance with s.3 is (as you mentioned) a criminal offence, punishable by steep fines.

                  2a. A s.48 address can be anywhere convenient for L, within E&W; but
                  b. A s.3 Address must be L's "place of abode or place of business or, in the case of a company, its registered office" [s.38].
                  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
                    Originally posted by jeffrey;2223681a. L's non-compliance with s.48 is a civil matter only, so L cannot treat unpaid rent as due unless complies; whereas
                    b. L's non-compliance with s.3 is (as you mentioned) a criminal offence, punishable by steep fines.

                    2a. A s.48 address can be anywhere convenient for L, within E&W; but
                    b. A s.3 Address must be L's "place of abode or place of business or, in the case of a company, its registered office" [s.38
                    .
                    That seems to sum it up nicely. I own a company so my registered office is the address any of my tenants would get if they asked. I'm glad to say they never have yet though.
                    I offer no guarantee that anything I say is correct. wysiwyg

                    Comment


                      #11
                      sorry, confused again

                      Thank you everyone. I shall do what is suggested regarding title. After the first couple of posts I felt confident that I was entitled to the actual address but, following the last few posts, I am not so sure again.
                      I don't want to withhold the rent and I have no problem with the Landlord. We have rented the apartment for over 4 years and want to continue for many more. It is the letting agents who are the problem. I have found them hugely difficult and inefficient and I cannot get past them to my Landlord. Our original agreement bore the home address but the Landlord moved recently. (I have never contacted the Landlord during our tenancy)I have no cofidence that it is the Landlord who is withholding the address: I believe it to be the agents.

                      Comment


                        #12
                        Sorry Caroline, we don't mean to confuse you. Tell the agents you want the address, if you do not get it you can
                        (a) withhold the rent until you do. ( it will still be payable so do not spend it)
                        (b) Make a complaint to the police as per Snorkerz's post.
                        I offer no guarantee that anything I say is correct. wysiwyg

                        Comment


                          #13
                          thanks

                          Thanks again - most relieved. The agents are members of the National Approved Letting Scheme so now that I know that I am definitely entitled to the address I will see if they can help before I start on anything more serious. I didn't want to start anything official until I was sure of my legal rights.This forum is a fantastic help so many thanks to everyone who gives it their time and expertise.

                          Comment


                            #14
                            Send to the Letting Agents a Notice under s.1 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


                              #15
                              Just a thought, doesn't the "prescribed information" supplied to T for the purposes of protecting the deposit require LL to supply an email address or other means of contact?

                              Also, what address of the LL is given in the tenancy agreement?

                              Comment

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