Question concerning Landlord Address Section 48

[PONTCANNA]

Is it acceptable for my landlord to provide an address for myself (tenant) to serve notice under S48 where by the address supplied is an empty home. What I mean by empty home is nobody lives at the address therefore no one is available to sign for mail sent recorded delivery, and to accept hand delivered notice. Nobody resides at the property.

 

Any advice is welcome

[MrShed]

Is it legally uninhabited - e.g. is it declared under council tax etc as vacant? Guessing you wont know of course!

 

Where does the landlord live?

[PONTCANNA]

Thanks MrShed, There are a few letting agents in my area. They have properties on their books from my landlord and they have a different address for him and that also is uninhabited. So my point is where the landlord and tenant act requires an address for the landlord is it acceptable to give different uninhabited addresses

[MrShed]

Problem is I realise its uninhabited, but it has to be LEGALLY uninhabited for there to be any serious recourse.

 

What is surrounding this? Are you attempting to serve notice etc? What is the requirement for the address?

[PONTCANNA]

Im serving my months notice by recorded delivery to end my tenancy as its now approaching end of the fixed term and requesting the LL to secure my deposit £1,187,50 into a TDP scheme with in 7 days.

I intend to ask the bank using Section 35 of Data Protection Act to gain his address from his bank. I will try council tax office but doubt very much I will get anywhere with them.

[MrShed]

OK so there are two issues there.

 

First of all is serving of notice to quit. As long as this is sent to the address on the TA, it doesnt matter whether he receives it or not.

 

Obviously, it matters more for the deposit notification.

 

What I would advise in this situation (I wouldnt usually) is that you withhold the rent to the value of the deposit over the notice period.

 

Problem solved.

[PONTCANNA]

Thank you. I was considering this last night. I paid up front 6 months rent in advance so in theory I would have to go into a periodic tenancy for the period of the value of the deposit

[MrShed]

Ah.

 

Fair enough, thats a problem!

 

Have you tried a land registry search on your rented property?

 

Just to be clear though, the notice is NOT an issue irrespective - if he has chosen to put an address he doesnt get post at thats his issue.

 

Is the property let via an agent?

[MrShed]

Another thought springs to mind.

 

It is perfectly acceptable to serve all notices and court papers etc to the address given on the TA.

 

If he doesnt receive the post, then he will obviously not show in court, and will probably have judgement made against him.

 

Usually this is where the issue falls down, as you cannot then enforce any judgement without the address, so that enforcement can be made.

 

However, am I right in thinking from the above that you have his bank details....? If so, a garnishee order would work:

 

http://www.justclaim.co.uk/index.php?file=/procedures/enforcement/garnishee.page

[Aequitas]

Section 48 of the Landlord and Tenant Act 1987 provides : A landlord [...] shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant. Note that it says "an address". The landlord can give any address. The purpose of the section is so that tenants know where they can serve notices. Any notice you serve at the address given is validly served. If the landlord gives as an address he does not frequent that is his problem, not yours.

 

Section 1 of the Landlord and Tenant Act 1985 is different:

 

(1) If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a) any person who demands, or the last person who received, rent payable under the tenancy, or

(b) any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

 

If you ask the agent for the landlord's address they must give you his actual address, i.e. where he lives.

[PONTCANNA]

the property I'm renting is not via LA. Its direct with the LL. However he does have a few more properties and I know what LA are letting them.

 

3rd party order was something I was considering if I gained judgment from the court but I was at a sticky end on if I will be granted a hearing if the LL is using an uninhabited address. I'm off to the court later today to pick up a form N208 and will ask if it matters if the LL has supplied an uninhabited address.