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MORTGAGES

 

 

Sections 47 & 48 of The Housing Act 1987

A question that is arising quite often now is what is Section 47 and 48?

THE ANSWER:

Section 47 : Landlord's name and address to be contained in demands for rent

Section 48: Notification by the landlord of address for service of notices.

Basically the law calls for the name and address of the landlord to be issued to the tenant for the purposes of serving notice by the tenant.  The tenant must have an address in England and Wales for the landlord where they can serve notices.

For the purposes of Section 47 and 48 of the Housing Act 1987 name and address of the landlord should be included in the tenancy agreement and it should be stated that this is in line with the relevant act etc.

Why?

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.

Is it important?

Yes, because at the end of the day you can not serve notice of possession on a tenant whom you have not given notice of your address to.  i.e. the tenant says to the judge I did not know where to send the rent to!  Without notice, the rent is not lawfully payable.

In short:

Always ensure there is a clause in your tenancy agreement that states that for the purposes of Sections 47 and 48 of The Housing Act 1987 the landlord's name and address is:

 

 

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