What is a Section 48 notice?
A section 48 notice can be important and significant for both landlords of residential property rented under an Assured-Shorthold Tenancy (“AST”) in England and Wales. It is important to ensure that this notice is properly issued and understood. This will help prevent legal disputes and promote clear communication. We almost exclusively act for landlords when we consider and tackle section48 notices. In the case of a contemplated removal, a section 48 can be used. This is especially true when a landlord wants to remove a tenancy but there hasn’t yet been a formal notification of ownership change. This section confirms that landlords in England and Wales are required to provide tenants with a local address for service of notices related to the tenancy. It is important to have an address for service for both legal and technical reasons. Both landlords and tenants must know where to send legal notices, court proceedings and other legal documents. When is a Section 48 notice required?
A section 48 notice is an important part of any residential tenancy agreement in England and Wales. This notice must be served as soon as the landlord signs a rental agreement, such as an AST. It will provide the tenant with a UK address.
Often, we find that it is assumed this is included in the AST. There is usually an express clause which deals with this. The landlord will have changed their address for service, but if a section 48 notice has not been given (or updated), the landlord will be in violation of the act. The landlord may have changed the address for service, but if a section 48 notification has not been given or updated, the landlord is in violation of the act. The consequences of a landlord’s failure to comply can be serious. The impact can continue to be felt until the landlord resolves this issue.
If a landlord’s address is changed during the tenancy period, the landlord must issue a new Section 48 notice reflecting the change. The same issues can arise for landlords if they fail to notify tenants of their new address, especially when it comes to the enforcement of rent.
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. It must be in writing to be 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 preferred because it allows for a direct exchange of information between landlord and tenant. If you manage multiple properties, or live a considerable distance from the property, posting the notice may be the best option for you.
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. It is important to keep a record of delivery, regardless of the method of delivery. Landlords are advised to keep a copy, a record or receipt of posting. Which Address Should Be Used On A Section 48 Notification?
The Section 48 Notification must be sent to a physical address in England or Wales that is capable of receiving legal documents and acknowledging them. The landlord’s residential address is acceptable, but it is often preferable to keep the information 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 requires that any rent demand include the landlord’s address and name. In Section 48, landlords are required to provide a legal notice address. What Happens If a Landlord Fails to Provide a Section 48 Adress?
The landlord is at a disadvantage if they do not provide a Section 48 address. This can invalidate possession notices such as section 21 or section 8 notices. This can affect the validity of legal proceedings, and may result in claims being denied on a technicality. When we are instructed to handle evictions, we pay close attention to this type of detail and issue.
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.
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