Whose address? Sections 47 and 48 Revisited

We have heard on the grapevine that some agents are currently being advised that following the Land Tribunal ( Upper Chamber) decisions of Triplerose Ltd v Grantglen and Beitov Properties Ltd v Elliston Martin , they should not use an agent’s office and address as an address for service for the purposes of Sections 47 and 48 of the Landlord and Tenant Act 1987 (LTA1987). There have even been suggestions that tenancy agreements should be amended to require the tenant to serve notices on both the landlord and the agent. We disagree.

The Beitov and Triplerose cases concerned service charges, and the decision was crucial to long leasehold premises. We blogged on this here.

Section 47 of the Landlord and Tenant Act 1987 (LTA1987) provides that where any written demand is given to a tenant of residential leasehold property, then that demand must contain:
a) the name and address of the landlord and
b) if that address is not in England and Wales, an address for service.
and that any part of the amount demanded that consists of a service charge will not be treated as being due until such information is furnished by notice given by the landlord to the tenant.

The Beitov case decided that the wording of s47 means that where any written demand is given to the tenant the Landlord must put his or her actual address on the demand, not a care of address or agent’s address. A demand for service charges will be invalid without. The sanction for failing to give the actual landlords address in section 47 of the LTA 1987 is that service charges are not due.
However assured shorthold tenancies do not require the payment of service charges. The sanction for breach of section 47 is of no consequence.

By contrast, ASTs are affected by the provisions of s48 of the Act. The sanction for failing to comply with s48 is that rent is not treated as falling due BUT s48 requires only “an address in England and Wales at which notices may be served on him by the tenant”.

In short we disagree for two reasons:

1. Rent is covered by s48 – and where it is demanded the requirement is only to supply an address for service in England and Wales
2. Requiring tenants to serve notices on both landlord and agent is too onerous an obligation in residential AST lets. There is too much scope for the tenant to get confused and fail to serve on one or other address. Arguably such a term would be unfair and unenforceable, especially as Landlord only has to serve on the property.

Our position remains that it is fine to use an agent’s address for service in ASTs.

Filed under: England & Wales, consumer protection, Housing Act 1988, long lease, OFT, service charges, tenancy agreements