3 Minute Read
Updated 03/10/2024
Introduction
The reason I am writing about a subject as mundane as a Section 48 Notice is because it holds huge importance to both the landlord and the tenant should it not be served correctly when it comes to the letting and the management of a property, in the residential lettings industry.
In this post I will define what a Section 48 Notice is, why it is important, the consequences of not using it, and how it should be used. I will also provide a link to the section itself.
So, what is a Section 48 Notice?
What is a Section 48 Notice?
Under section 48 of the Landlord and Tenant Act 1987, a landlord of a residential tenancy is required to provide their tenants with their name and address (which must be in England or Wales) where the tenants can serve any notices on the landlord.
A Section 48 Notice is the written document containing these details.
When Should Landlords Serve a Section 48 Notice?
There are various reasons a tenant may want to serve notices on their landlord, such as to request repairs during their tenancy, or to serve notice to end their tenancy. To do this correctly the tenant must have their landlord’s name and current address.
Usually, the landlord’s address is provided at the start of a tenancy in the tenancy agreement, but it could change mid-tenancy. For example, if the landlord was to move house, sell the property to a new landlord, or appoint a new letting and management agent, the tenant will need to know the new address at which their landlord may be contacted, and where notices may be served.
Therefore, sending a Section 48 change of landlord notice, or change of address notice, directly to the tenants, notifies them of the change of service address.
So, why is a Section 48 Notice important?
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Why is a Section 48 Notice important?
Firstly, what I would like to point out for our Redbrick Properties Full Management landlords, is that this is something we take care of for you, so you have no need to worry.
For our Let-Only and Referral landlords, this is something you would need to do yourselves should you need to, but we are always here to help and advise you.
In the event that a landlord fails to provide a valid service address, the consequence would be that any claim by the landlord for rent, rent arrears, service charges or administration charges is not enforceable by a court of law.
An often overlooked aspect of a Section 48 Notice is that if a landlord fails to serve this notice, the tenant may legally withhold rent.
Such a consequence could have a huge impact on a landlord’s yields, profits and most likely their personal happiness.
Funds that otherwise would have been due, instead are treated only as becoming due when the landlord complies with the law and gives correct notice, despite any previous demand served. The landlord is prevented from enforcing recovery of any rent or service charges until the correct notice is given.
The actual S48 from the Landlord and Tenant act 1987 states:
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.
(2) Where a landlord of any such premises fails to comply with subsection (1), any rent [F1, service charge or administration charge] otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.
(3) Any such rent [F2, service charge or administration charge] shall not be so treated in relation to any time when, by virtue of an order of any court [F3or tribunal], there is in force an appointment of a receiver or manager whose functions include the receiving of rent [F4, service charges or (as the case may be) administration charges] from the tenant.
Which address should be used on a Section 48 Notice?
When it comes to demands for rent or any sum of money due under the terms of the tenancy agreement itself, then the tenant must be provided with the name and address of the landlord. This address does not need to be that of the landlord’s home address, but may also be a business address, or even the landlord’s solicitor’s address.
However, the purpose of a section 48 notice is to provide an address at which notices may be served by the tenant, rather than to identify the landlord.
The address must still be one in England and Wales, but can be that of the landlord’s managing agent. It does not need to be where the landlord is resident, the registered office of their limited company or a place where they carry on a business.
Conclusion
If you are unsure as to whether or not you are acting within the law, as a landlord, and you have adhered to Section 48 correctly, then simply check the tenancy agreement you have with your tenants to ensure the address given is correct.
If you have recently purchased a property with a tenancy already in place then ensure you inform your new tenants that you are their new landlord, and serve them with a S48 which will contain all the relevant details both parties need. The same goes if you have recently moved house, or changed your letting agent.
If you are still unsure, then contact your letting agent as they will be able to talk you through exactly what needs to be done, that is if they have not taken care of it for you already.
Talk To A Lettings Expert Now
Matt Williams – Director
Relevant Links
Landlord & Tenant Act 1987 (Section48)
This post is for guidance only. Before taking action or not, always do your own research and/or seek professional advice with the full facts of your case and all documents to hand.
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