Section 47 statements – getting them right

Beitov Properties Ltd v Elliston Martin [2012]

In the recent Upper Tribunal decision it was held that using the managing agent’s address as the Landlord’s address does not comply with section 47(1) of the Landlord and Tenant Act 1987.

The relevant clauses are:-

Section 47(1)
Where any written demand is given to a tenant of premises to which this part applies, the demand must contain the following information, namely (a) the name and address of the landlord, and (b) if that address is not in England or Wales, an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant

Section 47(2)
Where any demand for service charge does not contain the information required by s.47(1), the amount demanded is to be treated as not being due from the tenant at any time before the information is furnished to him.

It was held that, the often normal practice of providing the Landlords agent’s address in a s.47 statement was technically incorrect.

The address given must be ‘the place where the Landlord is to be found’. Where the Landlord is a company it can be the company’s registered office or place of business. For a Landlord who is an individual, it is their residence or place of business.


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