In addition to meeting the requirements of section 48, leases should include provisions for the delivery of notices to the tenant – this indicates when a notice of termination is deemed to have been given. When a landlord sells a rental property, they usually provide the new landlord with a “rental permit letter” addressed to their tenant. This letter orders the tenant to pay rent to the new landlord. So if the tenant had a 47/48 section, does that mean the landlord has notice for me or is about to leave the property? Otherwise, a claim for rent, rent arrears or service charges cannot be invoked in court. In court, landlords, their agents or lawyers should always verify whether an address has been provided to the tenant (defendant) in question, either under the lease or through a separate section 48 notice that can be used to deliver notices. If you have recently purchased a property and have therefore been assigned the rental to you, you may prefer to use our special template, which combines a Notice under Article 3 with a Notice under Article 48. It is customary that the termination in accordance with § 48 of the rental contract itself is respected. There is now a jurisdiction that allows an address in England and Wales for the landlord (or agent) in the lease, and this does not have to explicitly state that it is a notice under section 48. The requirement to include a landlord`s name and address in legal notices such as claims and leases can be a contentious issue for property managers and rental agents. The two main provisions dealing with this area are sections 47 and 48 of the Landlords and Tenants Act 1987 (“the Act”). The distinction between the two is as important as the need to understand what these provisions actually require.
The 2012 decision in Beitov dealt with the question whether, for the purposes of Section 47, it was sufficient for the communication to indicate in the communication as the required address an address of the landlord which was not his actual address, but in this case the address of the property manager. In other words, an address where the landlord was not resident, had no business activity or had the head office of his business. A similar but separate obligation is under the Landlords and Tenants Act 1987, section 48. Section 48 requires landlords to provide their tenants with an address in England or Wales at which their tenants can terminate. This also applies if you decide to extend the rental, provided that the documents are always up to date at the time of the start of the new rental. Usually, this is done through the lease, but this notice is required if the tenancy is an oral tenancy or if the landlord changes address during the lease. (2) If a landlord of the premises contravenes subsection (1), any rent or incidental costs otherwise owed by the tenant to the landlord (subject to subsection 3 below) will be treated for all intents and purposes as if it were not owed by the tenant to the landlord at any time before the landlord complies with this subsection. Properties sold with a local tenant are sold “subject to rental”. The original lease created between the tenant and the landlord remains in place, with only the identity of the landlord changing. If a tenancy simply refers to “an anonymous business acting as a landlord agent”, only with the agent`s address and signed only by the agent, does that not meet the requirement of section 48? It has been found that the address prescribed in the notification referred to in Article 47 must contain the actual address of the owner, whether it is his domicile, registered office or ordinary establishment. None of this was the address of the managing real estate agent. The court judge said the purpose of section 47 is not to give the tenant information about where notices can be given, but to confirm the identity of the landlord.
Therefore, the mere indication of a name to an irrelevant address is not sufficient to satisfy the requirements of § 47. This is usually to prevent the original owner or new landlord from evicting a tenant other than through official channels. But as long as the rental remains, there are still a few obligations that the new owner should fulfill. Landlord & Tenant Act 1987 – Section 8 www.legislation.gov.uk/ukpga/1987/31/section/48 Section 8 Notice – free download here: www.landlordzone.co.uk/documents So it is important to ensure that your leases include an address for the delivery of notices, which means that the s48 is only needed if the service address changes at a later date or if the property is sold and taken over by another owner. A change of ownership is a significant change to a lease agreement. If you initially received a deposit from your tenant, you will need to protect them again and reissue the required information. Section 48 of the Landlords and Tenants Act 1987 requires a landlord to provide his tenant with an address in England and Wales where notices can be given to the landlord. This may be the owner`s own address or the address of a general manager or other third party. If and as long as this requirement is not met, a rent or service fee from the tenant is not legally due. Landlords should also note that section 47 of the Landlords and Tenants Act 1987 requires that the name and address of the landlord be included in all rental claims.
Case law has specified that the address indicated in accordance with § 47 must be the address of the owner. This contrasts with § 48, where the address of service may be that of an agent of the owner. The “new” landlord is required, under section 3 of the Landlords and Tenants Act 1985, to inform his tenant in writing that the interests of the former owner have been transferred. You must not give this notice later than: Section 47 of the Act requires the tenant to receive the name and address of the landlord in any claim for rent or other amounts due under the terms of the long-term tenancy or lease. However, if the owner`s address is not in England and Wales, an address in England or Wales must be provided. .