Section 48 - Landlords are you legal?
Section 48 of the Landlord and Tenant Act 1987 requires that a tenant is provided with an address where notices may be served on the landlord. This address must be in England and Wales and can be the name and address of a managing agent.
From a legal stance, rent can not be demanded from a tenant unless they have an address and name to which they can pay the rent.
Whilst it is common for a Section 48 notice to be included in the tenancy agreement, some landlords may not be aware of this legislation and without it, they can not legally demand rent from the tenant. Action for possession due to rent arrears can also not be taken, unless the tenant's arrears accrued after the service of the notice.
For more information on this and other legislation effecting landlords, please don't hesitate to contact us.