Section 48 Landlord Address
Section 48 Landlord and Tenant Act 1987 Print Form
This requirement is very similar to Section 47 but with a very slight difference – it states that the tenant must be given an address in England or Wales where notice of proceedings can be served on the landlord – however this address does not have to be that of the landlord. Until Section 48 of the Landlord and Tenant Act 1987 is complied with, rent is not lawfully due.
Notification of Landlords Address for Service.
Under Section 48 Landlord and Tenant Act 1987, it is imperative that the tenant is informed of the landlords name and address for the service of documents by the tenant. The address stated must be any in England or Wales and can include a PO Box. If an agent is used it is usually their address that is given.
Usually a good tenancy agreement will state the address for service in accordance with Section 48.
These are the two circumstances in which a Section 48 Notice needs to be served:
- Where the landlord no longer has access to the address they previously stipulated. This may arise if the landlord previously used an address which they owned and has now sold that property or, where the address of a managing agent was used but the landlord is no longer using the services of that agent or;
2. Where the tenancy agreement fails to stipulate an address for service of documents on the landlord.
What happens if a valid address for the service of documents is not issued under Section 48?
In one word dire. Rent and/or service charges are not lawfully due in the absence of such a notice. Therefore, you will be unable to claim rent arrears until a valid Section 48 Notice has been served. Plus any claim for possession on the basis of rent arrears may fail since they do not technically qualify as 'arrears', as the tenant was not 'legally obliged' to pay rent. Hopefully you will never find yourself in this position however if you are - Call the members helpline first for advice.