Holiday Let and ss. 47 and 48 Landlord and Tenant Act 1987

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Holiday Let and ss. 47 and 48 Landlord and Tenant Act 1987

    Hi Everyone,
    I've searched the forums but can't find a definitive answer to this one.

    Do landlords need to comply with ss 47 and 48 of the Landlord and Tenant Act 1987 for holiday lets?

    Specifically, do they need to provide a UK address for service and have a UK address for demands of the rent?

    Thanks.

  • #2
    Yes. Section 46 makes sections 47 and 48 applicable to all residential tenancies except business tenancies.
    Disclaimer:

    The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

    Comment


    • #3
      Thanks. I've also just found:
      Phillps & Ors v Francis & Anor [2010] EWHC B28 (QB) (24 March 2010)
      which appears to deal with this issue.

      So, if a holiday renter pays rent as a result of an agreement that doesn't comply with s.47 (in that it does not state the name and address of the landlord) of the LTA 1987 can the renter sue to recover the amount at a later stage?

      Comment


      • #4
        You can sue but as renter has (presumably) suffered no loss you'd lose.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


        • #5
          Why exactly are you looking to sue for a minor breach of the legislation. Did you suffer any prejudice due to the agreement not containing the landlord's address or a UK address at which they could be served?
          Disclaimer:

          The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

          Comment


          • #6
            Thanks for all the replies.

            It's not an action for a minor breach. Many issues arose during the holiday let and it was not possible to commence proceedings during the let because there was no address for service. So looking at all options including an action for damages as well as recovering any rent that was not properly demanded.

            Comment


            • #7
              A lot will depend on the small print terms and conditions I suppose. Did you rent through an agency?
              Unshackled by the chains of idle vanity, A modest manatee, that's me

              Comment


              • #8
                Yes, the letting was through an agent which is why the documentation was non-compliant.

                I suppose the issue is all the LL needs to do is re-issue the demand for rent with a format that complies with s.47, even after the let is finished. It doesn't seem the Act says that the LL can't claim past rent.

                Comment


                • #9
                  I can't imagine that all agency demands for rent do not comply with the law. Presumably the biggest agencies have thought about that one!
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

                  Comment


                  • #10
                    If you google "Short let agreements" or "Holiday Let agreements" I think you'll be surprised how many do not comply with s.47 - even the ones that you have to pay to download.

                    Given that it seems that the definition of a "dwelling" was still being debated until
                    Phillps & Ors v Francis & Anor [2010]
                    I'm not surprised.

                    Comment


                    • #11
                      Plus as soon as details are provided in accordance with s48 the rent becomes payable.
                      PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                      Comment


                      • #12
                        What would happen if the tenancy had come to an end before the LL provided the proper notice and demands for rent?

                        Comment


                        • #13
                          But with holiday lets you pay before the let....
                          Unshackled by the chains of idle vanity, A modest manatee, that's me

                          Comment


                          • #14
                            @islandgirl - Not in all cases.

                            Comment


                            • #15
                              Section 47 requires the landlord's address to be shown in a demand "for rent or other sums payable to the landlord under the terms of the tenancy". However, if the section is not complied with it is only "the amount demanded which consists of a service charge" which is not due.

                              Section 48 provides that until a landlord has given notice of an address in England and Wales for the service of notices no rent is due until the section has been complied with.

                              The effect of both sections is that the landlord cannot enforce payment of the relevant sum until there has been compliance. I do not think it can be extended to mean that any payment made before compliance can be recovered by the tenant.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X