Landlords address

Have a look at this recent item from a local solicitor to me:

Under Section 47 of the Landlord and Tenant Act 1987 ("the Act") any written demand for rent or other sums payable to the landlord under the tenancy, must contain an address for the landlord and not that of the agent.

The recent landmark case Beitov Properties Ltd v Elliston Bentley Martin [2011] concerned a demand made by the claimant landlord for service charges. The demand was made by the claimant's managing agents. The notice gave the managing agent's address as that at which the documents, including notices, could be served on the landlord.

The claimants argument that the notice was valid, was rejected. The Court held that Section 47 required any written demand for rent given to a tenant to include the landlord's own address and not a "care of" address or the agent's address.

Whilst some landlords and managing agents have fallen into a practice of incorporating the managing agent's address, rather than the landlord's address into demand notices. This decision serves as a cautionary reminder of the requirements of Section 47(1) of the Landlords and Tenants Act 1987 and highlights that demands which do not comply with the Section, will be void on a technicality.
Distinction between Section 47 and Section 48
It is important to note the distinction between the requirements under Section 47 and Section 48 of the Act.

In order to be compliant with Section 47, any written demand for rent or service charges by the landlord given to the tenant, must include the landlord's name and residential address and if that address is not in England and Wales, an address within England and Wales is required, so notices can be served. The Judge in Beitov said that the purpose of the requirement under Section 47 is not to give the tenant information as to where the notices can be served, but to confirm the identity of the landlord. Using a managing agent's address does not confirm the landlord's identity, as it is not the landlord's actual address.

On the other hand, Section 48 of the Act states that any rent, service charge or administration charges shall not be due until the tenant has been provided with an address at which notices in proceedings can be served. The Section does not state that the landlord's personal address is required for the amounts to become due. So a landlord can seek possession of a property on rent arrears grounds or the arrears themselves if he has provided an address at which notices and proceedings can be served. This address can be the landlord's own address, that of the landlord's letting agent, solicitor or friend. The address can also be a business address, preferably a registered office.

Implications of Beitov decision

The Beitov decision has significant implications and reiterates the Courts approach and the general theme of openness and transparency in the residential landlord and tenant arena.

If a landlord's demands do not correctly set out their name and address, they should consider re-serving their demands. Landlords will also need to be aware of time limits relating to service charge notices and in particular that if a correct notice is not served in time, service charges will be irrecoverable.

All demand notices should fully comply with the Landlord and Tenant Act in terms of correct address details, as more aware tenants could use to their advantage and either defer payment or refuse to pay all the monies due to this technical error.

Does the ruling in Beitov apply to Assured Shorthold Tenancies?

Whilst a Section 8 Notice Seeking Possession is not technically a demand, it could be argued by some tenants that unless they have been provided by the landlord's actual address, pursuant to Section 47 of the Act, any proceedings for the recovery of rent or possession proceedings based on the rent arrears should fail. A landlord may, therefore, be found to be in breach of its obligations under Section 47 and the tenant not liable to pay rent until the landlord does comply.

Romain is correct

The address must be the actual direct contact land address of the Landlord. No other information needs to be given - no phone numbers, email etc.

Tenant can do nothing with it other than for his own personal use of course as otherwise he breaks the DP Act

Is there a get out if the tenant as demonstrated threatening behavior, convictions etc?

I was not thinking DP, more slashed tyres or worse.

Perhaps we should ask that council house tenants get the address of the head of housing 🙂

(Before you think I am Rachman reborne, my ASTs have my real name and address on them)

No there is not other than not giving it and using it as a defence if the tenant goes legal with it. Same with a section 8 notice - when in section 6 it asks for Landlord address it means the actual Landlord address, as it is a prescribed form so wants the exact answer to the question it asks. Plus the agent address can appear later anyway.

Otherwise all Landlords would use it as an excuse - like saying no cats or dogs because they are allergic to them and planning to re-occupy themselves when the tenants vacate.Remember the LAW hates contrivances to get round it!!

Reply to Ian,
Land Registry will give you the landlords name and the property address.

Reply to the comment left by "philip allen" at "03/05/2014 - 12:37":

If , as a landlord, you move every now and then, and you have quite a few properties, do you have to keep updating Land Registry with your new address for every registered title ?

Reply to the comment left by "Jeremy Smith" at "04/05/2014 - 01:39":

yes you do - or give them your accountants address. Keeping your LR records up to date is vital - as a few years back scamsters sold empty properties owned by absent landlords who knew nothing about it for years and all hell broke loose when it was discovered. LR now want photo ID and several means of communication so if you move they can still contact you by mobile, email, snail-mail etc - allegedly.

Reply to the comment left by "All BankersAreBarstewards Smith" at "04/05/2014 - 08:20":

Thank you ABABS, That's useful to know.

You are right Mark the landlord should provide all correct information to you. Do not lie to the tenant. It may have bad impact on your agency in future if it's proved fraud.