What is Section 47?
Section 47 of the Landlord and Tenant Act 1987 ("Section 47") requires that a landlord's name and address must be included on any written demand to a tenant. If the landlord's address is not in England and Wales, an alternative address in England and Wales must be provided.
The purpose of this provision is to ensure that a tenant is able to properly identify their landlord. Therefore, the address given must be the actual address of the landlord (if they have one in England and Wales), rather than that of an agent.
What is Section 48?
Section 48 of the Landlord and Tenant Act 1987 ("Section 48") requires landlords to provide their tenants with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.
The purpose of this provision is, as it says, to provide the tenant with and address in England and Wales, at which they can serve notices on the landlord.
Do you always need to serve one?
It is important that leases, tenancy agreements and any other contracts for the occupation of a property provide the name and actual address of the landlord. Where this has not been provided, this can be rectified by giving written notice under Section 47 and Section 48.
What happens if I need to serve one, and I don't?
Where a landlord wants to serve a section 8 notice for rental arrears, Section 47 and Section 48 must be complied with. Failure to meet the above requirements will result in any rent, service charge or administration charge not being due.
If notices are not served, it does not permanently prevent a landlord from serving a section 8 notice and recovering those sums, but the landlord must simply comply with the requirements of Sections 47 and 48 first.
Although not related to section 8 notices, in the recent case of Sunset Ltd v Al Hindi [2023] EWHC 2443 (Ch), a landlord presented a bankruptcy petition concerning approximately £250,000 in rent due under four leases. The leases did not contain an address in England and Wales for service of notices.
The landlord argued that the statutory demand served on the tenants provided an address for service in England and Wales, and other letters had included the address of the managing agent and solicitors. However, these addresses were provided specifically in relation to the statutory demand and the content of the letters, rather than as somewhere for notices to be served on the landlord generally. The landlord attempted to rely on a Section 48 notice served 8 months after the petition. The High Court Judge was not satisfied that any of the abovementioned documents were sufficient, and the petition was dismissed.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
