• Home
  • About
  • Clinic
  • Training
  • Tenants
  • Landlord Law

The Landlord Law Blog

From landlord and tenant lawyer Tessa Shepperson

  • Home
  • Posts
  • News & comment
  • Cases
  • Tenants
    • The Renters Guide Website
    • 15 Places for tenant help
  • Clinic
  • Series
    • Analysis
    • should law and justice be free
    • HMO Basics
    • Tenancy Agreements 33 days
    • Airbnb
    • Grounds for Eviction
    • Tips

Tenancy Agreements 33 days of tips – Day 8 – addresses

March 1, 2017 by Tessa Shepperson

day8In this post we look a putting the landlords and tenants address in tenancy agreements.

Landlords address:

There needs to be a contact address for the landlord.  If the landlord is living outside England and Wales, note that there also needs to be an address which is in England or Wales.

The reason for this is section 48 of the Landlord and Tenant Act 1987.  This provides that a landlord must give his tenant notice of an address in England and Wales for the service of documents.

Until this is done, any rent will be treated as not being due from the tenant.  Which means that the landlord will not be entitled to sue or evict for non-payment of rent, if the s48 information has not been provided. This is not as bad as it sounds though, as once the information has been given, all the back rent will fall due.

The notice giving the information is generally known as a Section 48 Notice. Although it can be given to the tenant separately, it is normally included as part of the tenancy agreement.  A case in the 1980’s confirmed that provided an address in England or Wales is given somewhere in the tenancy agreement for the landlord, this would suffice – it does not have to specifically say that it is being provided under s48.

It also does not have to be the landlords’ home address.  It can be his business, and often it will be his managing agents’ address. However, it must be somewhere in England and Wales.

It is particularly important to remember to check the s48 notice has been provided where the landlord lives in Scotland or abroad.  In these cases, if the landlord is not using a local agent, he will have to arrange for a friend or relative to agree to have their details given as the address for service of notices.

If you arranging for this, make sure that they realise that any documents served must be forwarded on to you promptly.  You will be deemed to have had notice of any paperwork severed on you there, even if you actually have never seen it.

Note that if the landlord is a limited company, the address for the service of documents will normally be the companies registered office.

Tenants address:

For new tenants, landlords sometimes like to include their previous address, e.g. where they were living if they signed the tenancy in advance.  Otherwise, they will be living at the property.  Note that if they are not living at the property (e.g. if they have sub-let it) then they will have lost the protection of the Rent Act or the Housing Act and will be a common law tenancy – see day 4.

If the tenant is a company, again, the registered office should be given as the company address.  I also like to include the company registration number as well – you can usually find both of these from Companies House.

Tomorrow I will be discussing guarantors.

Landlord Law Tenancy AgreementsNB Find out more about my Tenancy Agreement Service on Landlord Law

click-here

 

Print Friendly, PDF & Email

Filed Under: Tips and How to

Scroll down for the comments

IMPORTANT: Please check the date of the post above - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.

Notes on comments:

For personal landlord and tenant related problems, please use our >> Blog Clinic.
Note that we do not publish all comments, please >> click here to read our terms of use and comments policy. Comments close after three months.

Keep up with the news on Landlord Law blog!

To get posts sent direct to your email in box click here

About Tessa Shepperson

Tessa is a specialist landlord & tenant solicitor and the creator of this site! She is a director of Landlord Law Services which now hosts Landlord Law and other services for landlords and property professionals.

« The Lodger Landlord Website
What happens when possession proceedings go wrong? »

If you rent property - you need a tenancy agreement!

The 33 days of Tips

Tenancy Agreements Tips During 2017 I published a weekly series of tips on tenancy agreements.

You will find an index here, along with other tenancy agreement related resources.

Index

  • Day 1: Introduction
  • Day 2: Why use one?
  • Day 3: Tenancy or license?
  • Day 4: Tenancy types
  • Day 5: Shared houses
  • Day 6: Right to Rent
  • Day 7: Parties
  • Day 8: Addresses
  • Day 9: Guarantees
  • Day 10: Letting agents
  • Day 11: The Property
  • Day 12: Rent
  • Day 13: The Term
  • Day 14: The Deposit
  • Day 15: Inventories
  • Day 16: Unfair terms (1)
  • Day 17: Unfair terms (2)
  • Day 18: Bills
  • Day 19: Penalty Clauses
  • Day 20: Business use
  • Day 21: Repairs
  • Day 22: Insurance
  • Day 23: Notices
  • Day 24: Inspections
  • Day 25: Ending
  • Day 26: Assignment
  • Day 27: Left items
  • Day 28: Student lets
  • Day 29: Pets
  • Day 30: Preparation
  • Day 31: Renewals
  • Day 32: Reviews
  • Day 33: Finding

Get your FREE Ebook

Click to get your Free Ebook

>> Click Here for Your Free Copy

Some other services

Disclaimer

The purpose of this blog is to provide information, comment and discussion.

Although Tessa, or guest bloggers, may from time to time, give helpful comments to readers' questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service - so far as the questioners only are concerned).

Please also note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.

Cookies

You can find out more about our use of 'cookies' on this website here.

Associated sites

Landlord Law Services
The Renters Guide
Eco Landlords
Your Law Store

Legal

Landlord Law Blog is © 2006 – 2021 Tessa Shepperson.

Note that Tessa is an introducer for Alan Boswell Insurance Brokers and will get a commission from sales made via links on this website.

© 2006–2022 Tessa Shepperson | Rainmaker Platform | Contact Page | Privacy | Log in

This website or its third-party tools use cookies which are necessary to its functioning and required to improve your experience. By clicking the consent button, you agree to allow the site to use, collect and/or store cookies.
I accept