New landlord's address is in Jersey- s.48 breach?

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    New landlord's address is in Jersey- s.48 breach?

    Wonder what your views are on this ..

    LL sells to new LL. Vendors LL solicitors send letter to tenants advising of sale stating new LL's agents details.

    Some time (some 3 months later) T receives an incorrect invoice in which it clearly states that the Address for Service under L&T Act S47 & 48 is for an address in Jersey.

    T queries this with new LL agent and requests an address for service in UK as per S. 47 & 48 as well as a corrected invoice. Nothing forthcoming so T withholding rent until he receives both. (he has stated in writing that as soon as these are forthcoming payment will be made immediately).

    However, someone allegedly with legal experience has told T that because outgoing LL solicitor has given the new LL agents address for rental payments etc then this is official notice of an address for service and the invoice is meaningless in that respect.

    What I'm confused about, and perhaps someone on here can clarify, is why would the Vendors Solicitor be giving out an Address for Service for the Purchaser? Surely this would be a conflict of interests, acting for both vendor and purchaser, and if that is correct, can their letter be deemed as being legitimate for the purposes of a correct address for service .. if you get my drift ????
    Last edited by pippay; 13-07-2007, 20:18 PM. Reason: typo
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

    #2
    Hasn't anyone got any views on this ?

    Surely someone on here has an opinion about this?

    Originally posted by pippay View Post
    Wonder what your views are on this ..

    LL sells to new LL. Vendors LL solicitors send letter to tenants advising of sale stating new LL's agents details.

    Some time (some 3 months later) T receives an incorrect invoice in which it clearly states that the Address for Service under L&T Act S47 & 48 is for an address in Jersey.

    T queries this with new LL agent and requests an address for service in UK as per S. 47 & 48 as well as a corrected invoice. Nothing forthcoming so T withholding rent until he receives both. (he has stated in writing that as soon as these are forthcoming payment will be made immediately).

    However, someone allegedly with legal experience has told T that because outgoing LL solicitor has given the new LL agents address for rental payments etc then this is official notice of an address for service and the invoice is meaningless in that respect.

    What I'm confused about, and perhaps someone on here can clarify, is why would the Vendors Solicitor be giving out an Address for Service for the Purchaser? Surely this would be a conflict of interests, acting for both vendor and purchaser, and if that is correct, can their letter be deemed as being legitimate for the purposes of a correct address for service .. if you get my drift ????
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

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      #3
      Pippay; the forum has been slow recently...so people may have found it harder to post.

      My opinion would be that because an official address for service has not been given by either landlord or agent, and one has been requested, there is a state of confusion. The T has asked a simple question, and has not been given a simple answer. It could be easily fixed by the LL or the agent...but for what ever reason, they do nothing.

      The sellers solicitor is not acting on behalf of the new owner and hence has no authority to say what the correct address for service is.

      Or have I got it wrong?
      All posts in good faith, but do not rely on them

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        #4
        Bel, that's my opinion too and it would be very interesting to find out other's opinion because to me it seems quite logical ...

        Originally posted by Bel View Post
        Pippay; the forum has been slow recently...so people may have found it harder to post.

        My opinion would be that because an official address for service has not been given by either landlord or agent, and one has been requested, there is a state of confusion. The T has asked a simple question, and has not been given a simple answer. It could be easily fixed by the LL or the agent...but for what ever reason, they do nothing.

        The sellers solicitor is not acting on behalf of the new owner and hence has no authority to say what the correct address for service is.

        Or have I got it wrong?
        Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

        Comment


          #5
          I agree with Bel.
          Anyway, V's solicitor and V cannot satisfy s.48. This requires that "A landlord...shal by notice furnish the tenant with an address in England and Wales at which Notices...may be served on him by the tenant". V is not notifying his own address and, following completion, T will serve any Notices on P (not on V) as new landlord.
          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.
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