Help! My tenant is trying to argue that no rent is due

By Anna Hughes, Consultant Chartered Legal Executive at Woodstock Legal Services

Under section 48 of the Landlord and Tenant Act 1987 a landlord or agent must supply a tenant with an address in England and Wales where notices and proceedings can be served on the landlord. If an address is not supplied, then rent is not due until such time as it is supplied.

This does not mean that the tenant is exempt from paying rent. As soon as the landlord complies with the section 48 requirement, the rent will then fall due. If tenants are withholding rent due to a landlord failing to provide an address under section 48 then they should ensure that they are keeping this money in an account as the full amount will be due as soon as the address is provided.

There is no prescribed form for section 48 Notices. To satisfy the requirements landlords or agents just need to give to give the address in writing. The address does not have to be the landlord’s address, it could be the agent’s address on behalf of the landlord.

It is common practice for agents to put this address on the tenancy agreement. There is usually a section on the tenancy agreement to complete. If the tenancy agreement does not have this section, then the address can be provided by way of a letter to the tenant.

Key points to remember:

  • Make sure the address is in England or Wales as required by Landlord and Tenant Act 1987.
  • The letting agent’s address can be given on behalf of the landlord. The agent must ensure that if any paperwork is received then this is immediately forwarded to the landlord.
  • If there is no tenancy agreement, then make sure a letter has been given to the tenant(s) providing the landlord’s address. It is advised to keep evidence of receipt or hand deliver this letter.
  • If the landlord or agent moves address, make sure the tenant is provided with the up-to-date address.
  • If the tenancy agreement provides for section 48 make sure this section is completed. If this later becomes a legal issue and this section is blank, additional checks will need to be carried out to ensure the address was provided, increasing costs.

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