What is Section 48 Notice?
A section 48 notice is a notice required to be served under s.48 of the Landlord & Tenant Act 1987 on the tenant providing an address at which the tenant may serve notice (including notices in proceedings) on the landlord. This address must be an address in England or Wales. Providing the landlords address for service in the tenancy is sufficient for the purpose of complying with this particular law, however a section 48 notice will be required to be served on the tenant where written confirmation of the landlords address has not been provided to the tenant.
Where a landlord may fail to provide an address for service to the tenant, rent and any other service charge is not legally due from the tenant until the landlord has complied with this section. Failing to comply with this section can also cause further problems in the event the landlord is pursing rent arrears, this as because the tenant may use this to their advantage in defending a claim for rent arrears and possession of the let property under.
Can rent arrears be claimed for after a section 48 notice has been served?
Yes, if rent arrears are outstanding, but the landlord has failed to comply with section 48 of the Landlord & Tenant Act 1987, when this section is complied with, rent will then become lawfully due, this include an rent arrears which accumulated before such section had been complied with.