A section 48 Notice can be significant and important for both landlords and tenants of residential property thats rented under an Assured Shorthold Tenancy (‘AST’) in England and Wales.
Ensuring proper issuance and understanding of this notice can prevent legal disputes and foster clear communication.
We consider and tackle section 48 notices in the context of claims for possession of property, almost exclusively acting for landlords. It can often be necessary to consider using a section 48 notice in the context of a contemplated eviction- where a landlord needs to remove a tenant but where (for example) there hasn’t been a formal notice of change of ownership.
A Section 48 Notice is referred to in the Landlord and Tenant Act 1987. This section confirms it is legal requirement for landlords in England and Wales to provide tenants with an address within England or Wales intended for the service of notices relating to the tenancy.
An address for service is important for legal and technical reasons- both landlords and tenants need to know where to send legal documents, including notices and court proceedings.
Importantly there can be important and serious consequences where a section 48 notice hasnt been provided, and this can impact and entirely undermine/defeat an eviction claim by a landlord against a tenant.
When Is a Section 48 Notice Required?
A Section 48 Notice is an important aspect of any residential tenancy in England and Wales. As soon as a landlord enters a rental agreement such as an AST, they must serve this notice, providing the tenant with an address in England or Wales.
Often we find it is assumed that this is included within the AST itself. There can usually be an express clause that deals with this. Difficulty can be encountered however where say a property has been later purchased with the tenancy continuing. The landlords address for service will have changed, but without a section 48 notice having been given (or updated), the landlord will be in breach of the act.
The tenant can then validly argue they have been deprived on the ability to request and notify repairs, and termination notices such as section 8 or section 21 notices, can be invalid.
The consequences of a landlord’s failure to comply can be serious. If there is an absence of a section 48 Notice the tenant might argue they are not obliged to pay rent, service charges, or administration charges that would otherwise be payable.
The impact can continue until the landlord resolves the issue.
If the landlord’s address changes during the tenancy, the landlord is required to issue a new Section 48 Notice reflecting this change. Failure to promptly notify tenants of a new address can again create issues for landlords for all the same reasons, particularly concerning the enforcement of rent payments.
The provision of a new notice ensures continuous and clear communication, preventing potential disputes and maintaining the legal rights of both parties.
How To Serve a Section 48 Notice
Landlords must ensure that the process of serving a Section 48 Notice is carried out correctly. The notice must be in written form to be legally valid. It can be included as a clause within the initial tenancy agreement, which most tenants review and sign upon agreeing to the rental terms.
Conversely, it may be issued as a separate document, provided it clearly specifies an address within England or Wales that is designated for the service of legal notices.
Several methods can be used to deliver this notice, each with its own advantages. Hand delivery is often preferred, allowing for a direct exchange between landlord and tenant. Alternatively, posting the notice is suitable for landlords who manage multiple properties or reside a significant distance from the property.
Sending a notice by email might be possible if everyone has agreed.
Whatever process is used must be in accordance with the content of the AST itself. Regardless of the delivery method chosen, retaining proof of delivery is important. Landlords should keep a copy of the notice, a record of posting, or a digital confirmation of receipt.
Which Address Should Be Used on a Section 48 Notice?
The address provided in a Section 48 Notice must be a physical location within England or Wales, capable of receiving and acknowledging legal documents. It can be the landlord’s own residential address, but often there is a preference to keep this confidential. A business address or that of a managing agent or the landlord’s solicitor are all possible.
An address must not be a PO Box, as it needs to be a place where legal documents can be received and acknowledged.
Frequently Asked Questions
What Is the Difference Between Section 47 and 48 Notices?
Section 47 concerns rent demands, while Section 48 concerns the broader scope of legal notices, documents and court proceedings. Section 47 mandates that any demand for rent must include the landlord’s name and address. Section 48, however, requires landlords to provide an address where legal notices can be served.
What Happens if a Landlord Doesn’t Provide a Section 48 Address?
The absence of a Section 48 address puts the landlord at a disadvantage not least because it can invalidate notices seeking possession such as a section 21 notice or a section 8 notice. This can impact the validity of legal proceedings and can result in claims being lost over a technicality. Where we’re instructed in eviction matters we check precisely this type of issue and detail, of which there are many.
Legally, tenants are within their rights to withhold rent payments, and any rent accrued during this period can only be claimed through court actions once the address is adequately disclosed.
What Happens if a Landlord’s Address Changes After Serving a Section 48 Notice?
If the landlord’s address changes after a Section 48 Notice is issued, a new notice reflecting the updated address must be issued.
Need Advice? Contact Helix Law.
Understanding the detail of landlord and tenant compliance is fundamentally important to protect landlords and ensure that if/when things go wrong, steps can be taken to improve their/your position. Serving a Section 48 Notice can be an essential step in ensuring compliance with property rental and ‘buy to let’ laws in England and Wales. For landlords seeking to ensure compliance in the context where there is a potential dispute, we have a specialist team handling evictions and advising landlords and investors across the country. We also advise and act in far more complex property litigation. If you are facing a difficult tenant and are a landlord looking for advice to protect your position, Contact Helix Law today and our team of expert property litigation solicitors will be happy to assist you.