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Residential Property Refresher - Section 47 & Section 48 Landlord and Tenant Act 1987

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Landlords still make this mistake and tenants often do not know any different so the problem isn’t trained away and continues to reoccur.  So what is the problem?

Failing to comply with s.47 and s.48 of the Landlord and Tenant Act 1987

The sections are often wrongly conflicted so here is a little reminder for Landlords to avoid delays in service charge payments and for Tenants on their statutory rights.

Section 47 - Landlord’s name and address to be contained in demands for rent etc.

  1. Where any written demand is given to a tenant of premises to which this Part applies, the demand must contain the following information, namely:
    1. the name and address of the landlord, and
    2. if that address is not in England and Wales, an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant.

Landlords: Wording to include in service charge demands might include:

For the purposes of s.47 of the Landlord and Tenant Act 1987, your landlord’s name and address are as follows:-

Landlord’s name [insert name]

Landlord’s address [insert address]

[Where landlord’s address is not in England and Wales] An address in England and Wales at which notices (includes notices in proceedings) may be served on the landlord by the tenant is; [insert address]”.

Tenants: Where the tenant of the dwelling is given a written demand, which does not comply with s.47 of the 1987 Act, any part of the amount demanded which consists of a service charge is treated for all purposes as not being due from the tenant to the landlord at anytime before the information is furnished by the landlord by notice given to the tenant.  Once the requirements of the relevant section are complied with, the amounts demanded falls due for payment from that point.

Section 48 - Notification by landlord of address for service of notices.

  1. A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

Landlords: To comply with s.48, in all service charge demands or written communication with tenants, wording such as:

for the purposes of s.48 of the Landlord and Tenant 1987 [insert name of landlord] hereby notifies you that notices (including notices in proceedings) may be served on [insert name of landlord] at the following address in England and Wales: [insert address in England and Wales]”

Tenants: Where a landlord under a lease of any dwelling fails to comply with s.48 of the 1987 Act, any rent or service charge otherwise due from the tenant to the landlord is treated for all purposes as not being due at any time before the landlord does comply with s.48. 

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