Effect of error in section 48 Notice

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    Effect of error in section 48 Notice

    Hi

    I have a pending eviction on a periodic AST i am just compleating the forms for the courts and i have noticed that Persuant to Section 48 of the landlord and tenant act 1987 i have not filled in the address for notices and proccedings ie :-must be served on the landlord by the tennant at the following address:- will the court accept this in its present form no address given or is there some way i can rectifiy this situation before i send the paperwork to the courts for it to be valid ?

    Thanks in advance

    Jimbo

    #2
    The effect of non-compliance with section 48 of the Landlord and Tenant Act is that the rent is not lawfully due.

    I'll leave others to advise whether there is any problem in serving notices requiring possession - I think certain notices are OK but I'll leave others to confirm.

    What section of the Act are you using for your proposed claim for possession?

    If you claim involves rent arrears you could be in trouble.

    Am I correct in my understanding that the missing information was within your AST ? If I recall correctly you are not required to provide a separate S48 to the court in connection with more recent tenancy agreements. Check that you have got the correct paragraph of the claim form for your particular tenancy start date!
    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


      #3
      If you have not complied with the requirement of S.48 then any court action will fail as your S.21 Notice will be void as will any S.8 Notice, until you do comply. Your post is not entirely clear though!

      I suspect you have served a S.21 (4)(a) Notice on the tenant over two months ago which has now expired. If that's the case, then unfortunately you will have to re-serve your Notice and wait at least another two months to even commence court action, and don't forget to serve a S.48 Notice now. You live and learn!
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


        #4
        Thanks Worldlife /Paul f

        Paul correct i am using a section 21 4 (a ) for possesion of propery Wildlife i will not be claiming rent arreas however i will be using the accelerated pocedure for possession there are rent arreas and damages but i will be using the small claims court
        Paul yes the section 21 4(a) has expierd however my name and address is within the AST agreement between myself and the tennant but not in the section Pursuant to section 48 if you are correct then how long can a valid section 21 4 (a) last (this for future referance) also where can you obtain a seperate section 48 to be served on the tennant so in short this S 21 is void mmmmmmmmm

        thanks

        dumbo

        Comment


          #5
          Do you think you can ask a question in plain English rather than the rambling mumbo-jumbo I have to read?

          The fact your name & address is on the AST might be enough as you have given the tenant an address in England & Wales for service of Notices and there is no S.48 Notice you have to serve. If you read my post it tells you that you have to provide the information under S.48 - not serve an actual Notice! If you're using the APP you will soon find out whether your S.21 Notice is valid!
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


            #6
            Paul_f - perhaps he has been estopped from using plain English by the effluxion of time ...
            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


              #7
              Hello,

              Paul_ f you did not have to read my mumbo -jumbo but thanks for your input on section 48
              after reading my post several times i can now see a small error in my wording was very tierd when posting , lawstudent has me baffeled with his/her comments ?? wonder if he/her is one of them Doctor Who buffs ...??


              Jimbo

              Comment


                #8
                Lawstudent's joke

                see http://www.landlordzone.co.uk/forums...read.php?t=614

                Comment


                  #9
                  Originally posted by jimbo View Post
                  Thanks Worldlife /Paul f <snip>
                  Paul yes the section 21 4(a) has expierd however my name and address is within the AST agreement between myself and the tennant but not in the section Pursuant to section 48 <snip>
                  So that we are completely clear on this. Was this a preprinted AST from a reputable publisher? Was there blank space on one page for the name and address of the landlord or agent shown on one page and this has been completed in full ? Is there a preprinted space on another page to enter the name and address of the landlord or agent in Pursuant to section 48 that has not been completed?

                  What do the sections in the AST state about the tenant contacting either the landlord or agent and is there a reference to where this appears on the agreement?

                  If the AST is confusing or completed in a confusing way it might be regarded as an unfair on the tenant.
                  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


                    #10
                    Hello,

                    Shhhh thanks for the link http://www.landlordzone.co.uk/forums...read.php?t=614 i was baffeled for some time on lawstudents comments on my above post

                    I hope i have not started round 2 very good thread.......

                    After reading this thread and so manny LLZ contrbutions to this subject i do think that the law is a compleat farce and needs overhauling with some solid simple definintions.

                    Worldlifes comments on shiftworkers, holidays, ect are valid points we are in a changing world that needs change with some simplification on matters like this not being bogged down with red tape and being a PHD lawyer to understand I am a seasond lanlord that is frequently in court on evictions for none payment of rent both professional and HB i have always successfully evicted without the need of legal assistance and will continue.

                    However have noted recently the judges being picky on finer points hence my post on section 48, if i dont get the evicton in this case its easy money a form of stealth tax if you like something for nothing what happend to common sence,?

                    Worldlife yes this is a preprinted AST very simple one page document from Oyez that i have been using for a number of years pre-2000 hopefully continue i am a firm beliver in KIS_(keep it simple. )

                    There is provision for the agreement between the landlord to compleat his name and addres in full also the tennant/s and previous address

                    on the reverse a blank space Pursuant to section 48........ this not completed? it has been overwriting with some clauses to the tennancy by the tennant i always ask the tennant to compleat the AST so they know what they are signing for then this is signed and dated by myself but in this instace i had not compleated Pursuant to section 48..........

                    Thanks all for your input


                    jimbo

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