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Question Title: No section 48 notice
| Question: 439 |
| I have just issued a section 8 notice to a tenant on the basis of rent arrears. Since the tenancy was set up 3 years ago the property was sold by the original landlord to the present landlord and the tenant was aware of the sale. I have just had our local housing advice bureau on the phone telling me that I cannot get possession for the new landlord because I haven't issued a section 48 notice. Is this true?
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| Answer: |
| Unfortunately they are correct. Section 48 Landlord and Tenant Act 1987 states that: "A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England & Wales at which notices (including notices in proceedings) may be served on him by the tenant." Subsection 2 deals with any failure to give the tenant notice and states: "Any rent or service charge otherwise due from the tenant to the landlord shall ..... be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that sub section." Where there has been a change of landlord you do not need to issue a new tenancy agreement but a notice in writing referring to s48 should be issued to the tenant and referring to the date of completion of the sale of the property.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapters 9 & 12 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 8 |
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factsheet-8
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For more information, discuss on the Forum
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