Section 48 - Declaration of Landlord Address

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.

As the courts see it, rent can not be demanded from a tenant unless they have an address and name to which they can pay the rent. Therefore, as a landlord you can not demand rent from the tenant if you have failed to issue them with notice of your address. Nor can action for possession due to rent arrears be made, unless the tenant's arrears accrued after the service of the notice.

A Section 48 notice can be included within the tenancy agreement and this is the easiest way to ensure that all tenants receive the notice. Where a Section 48 is not included within the tenancy agreement, you should serve a notice under Section 48 and the tenant will become liable to pay rent.

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