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Question Title: Section 48 notice
| Question: 66 |
| I have forgotten to serve a section 48 notice on my tenant - what should I do ?
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| Answer: |
| 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. Where no such notice has been served rent and/or service charge payments are not legally due until such time as the notice has been served. It also means that an action for possession due to rent arrears can not 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. In this case, where the notice has not been served, you should serve a notice under section 48 and the tenant will become liable to pay rent. There is no statutory form for the notice - a simple wording will suffice: To: [name of tenant] From: [name of landlord] I/we hereby give you notice pursuant to s.48(1) of the Landlord and Tenant Act 1987 that your landlord's address for service of notices (including notices in proceedings) is as follows: [address of landlord]
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
July 2002 page12 |
letting-update-journal.html
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Letting Handbook |
Chapter 7 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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