Section 48 Notice After Tenancy has Ended
Section 48 Landlord and Tenant Act 1987 requires a landlord to furnish by notice the tenant with his address in England or Wales at which notices (including notices in proceedings) may be served on him by the tenant.
A failure to provide an address results in 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.
However, once a notice providing a suitable address has been served, all the rent then accruing becomes due, and the statutory purpose of the notice is satisfied. Lindsey Trading Properties Inc v Dallhold Estates (UK) Pty Ltd (1995) 70 P. & CR 332.
In Zafar v Goddard, Bristol County Court, 13 December 2010, the question arose as to what the position was if the landlord served a section 48 notice “after” the tenancy had ended.
There were rent arrears in this case, but the landlord had failed to furnish the tenant with an address in England or Wales.
After the landlord lost proceedings against the tenant for non-payment of rent, he provided such notice and commenced fresh proceedings.
However, by this time, the tenancy had ended.
DDJ Batstone held that the wording in section 48 relates to “landlord” and “tenant”, and as such, the notice will have no effect if served after the tenancy has ended because there is no longer a “landlord” nor “tenant” to furnish the notice.
See also the nearlylegal article.
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