Landlords of residential tenancies in England and Wales are required under Section 48 of the Landlord and Tenant Act 1987 to supply their tenants with an address in England and Wales to which they can send notices and be certain that they will be received.
When identifying each party to the lease, the landlord’s address is usually included in the tenancy agreement. However, it is subject to change throughout time.
Any claim by the landlord for rent, rent arrears, service charges, or administration charges is not enforceable by court action if the landlord fails to furnish a legitimate address. Amounts that would have been due otherwise are only treated as becoming due when the landlord follows the law and gives proper notice, regardless of any earlier demand served.
Section 48 prevents the landlord from demanding the recovery of any rent or service costs unless the proper notice is given. In this article, S48 notice – what does it mean, we take a look at the process involved
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Serving an s48
Any landlord must provide a tenant with an address in England and Wales where notices and actions can be served on the landlord, according to section 48. If this is not done, rent will not be payable until it is provided. It’s important to realise that s48 does not make the tenant free from paying rent. So, if a landlord is in violation of s48, any outstanding rent will be owed in full as soon as he is in compliance.
Furthermore, under s48, there is no specified means for delivering notice. As a result, while some people refer to a “section 48 notice” as if it were a specific form that must be followed, this is not the case. It’s not like a section 8 or 21 notice, which must follow particular guidelines. The tenant must be given information in writing to satisfy Section 48; there is no specific manner in which it must be given other than in writing. Consequently, oral notice is not sufficient. It is not a requirement that notice specifically states that it is being given under s48 or that it states an address is being given which is suitable for service. So a tenancy agreement containing the landlord’s name and address, as well as a s21 notice containing the landlord’s name and address, will suffice to satisfy s48, on the basis that if the tenant has been clearly informed of the landlord’s address, then that is clearly an appropriate place to serve notices. A letter from an agent certifying that the agent is a suitable person to serve notifications on is also acceptable.
As such, there is no precise style or format that must be followed. A statement in a letter specifying an acceptable address for notice service or referring to s48, as well as a notification from a landlord providing the landlord’s name and address, would suffice. There is no requirement for a specific structure or format, and any assertion that it is is clearly incorrect. In any case, this is a problem that can be readily resolved at any time by just providing the correct name and address.
How we can help
We have a proven track-record of helping clients deal with s48 of the Landlord and Tenant act 1987. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact Our Property Litigation Solicitors
It is important for you to be well informed about the issues and possible implications of a s48 notice. However, expert legal support is crucial in terms of ensuring a positive outcome to your purchase.
To speak to a member of our New Enquiries Team today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
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