The duty placed on a Landlord by the section is to give to the tenant a notice of an address for service for the landlord in writing. Stuart Smith LJ said: ‘what the section requires is that the tenant is told, so that he knows, the landlord’s name and address in England or Wales at which he can be served with notices. If the name and address is stated in the lease or tenancy agreement without limitation or qualification, it is a necessary implication that he can be communicated with at that address and hence it is a place to which notices can be sent. The section does not require that the notice shall state that it is the address at which notices can be served. The mischief at which the section was aimed was the problem created when the landlord’s identity was not known and/or the tenant did not know of an address within the jurisdiction to which notices could be sent and proceedings served.
Provided the name and address is communicated to the tenant in writing, which it is if it is stated in the lease or tenancy agreement, there is no need for a separate notice.’
Judges:
Sir Ralph Gibson, Stuart Smith LJ
Citations:
Times 10-Aug-1994, [1995] 27 HLR 78, [1995] 1 EGLR 72
Statutes:
Landlord and Tenant Act 1987 48
Jurisdiction:
England and Wales
Citing:
Limited – Dallhold Estates (UK) Pty Ltd (In Administration) v Lindsey Trading Props Inc CA 15-Dec-1993
The landlord is to provide a service address if an agricultural tenancy includes a dwelling, but relief from the consequences of non compliance with section 48(1) may be obtained by service of an appropriate notice. Immaterial misdescriptions or . .
Cited by:
Cited – Drew-Morgan v Hamid-Zadeh CA 13-May-1999
The claimant landlord had sought to assert that the let was an assured shorthold tenancy. On a rehearing, the tenant said no notice had been served under section 20. The landlord also now asserted non-payment of rent.
Held: A notice which was . .
Cited – Marath and Another v MacGillivray CA 5-Feb-1996
A landlord’s notice to the effect that ‘3 month’s rent due’ was a sufficiently precise demand to allow the tenant to know the nature of his default, and the notice was valid. the relevant notice said: ‘Signed: RM If signed by agent, name and address . .
Cited – Leeds v London Borough of Islington Admn 29-Jan-1998
. .
Cited – Morgan v Hamid-Zadeh CA 15-Sep-1998
. .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 14 June 2022; Ref: scu.88843
