Tuesday, 17 July 2012

Section 48, Landlord & Tenant Act 1987 

Under a different provision Section 48 of the Landlord and Tenant Act 1987 every
landlord must give his/her tenant an address for service which must be within
England or Wales. This applies to all landlords renting out residential properties
and includes lettings under assured shorthold tenancies. It is still applicable even
though the rent is payable without a demand being necessary as it is fixed.
Failure to comply means that rent is irrecoverable until the address for service is
given. It is a one-off requirement and the address given stands until a new
address is notified by the landlord. The case does not affect this.

Section 47, Landlord & Tenant Act 1987 

Section 47 is differently worded as it requires a demand to include the landlord's
name and address. This applies every time a demand is issued and it is not a
one-off obligation.
The Upper Chamber decided that the landlord in that situation could not use an
agent's address. The demand has to show the landlord's place of residence or
place of business (if the landlord has one) such as an office-owned or rented by
the landlord where the landlord carries on business. For a company it is its
registered office or a place where the company itself actually caries on business.
However the sanction for non-compliance is non-recoverability of any service
charge payable until the landlord has complied. It does not make any rent as
opposed to service charge payable irrecoverable.

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