Section 47 (Landlord’s name and address to be included in Demands for Payment)

Section 47 of the Landlord and Tenant Act 1987

1. This section states any demand for payment from a Landlord to a Leaseholder must include two pieces of information:

i. The name and address of the Landlord.

ii. If the Landlord’s address is not in England or Wales, an address in England or Wales for service of notices must be given.

Is it permissible to state the name and address of someone acting on behalf of the Landlord?

1. No it is not. Both the name and address have to be that of the actual Landlord.

2. The definition of a Landlord given in Section 30 of the Landlord and Tenant Act 1985 applies: which is a person or organisation capable of enforcing payment of a Service Charge. Someone acting on behalf of the Landlord only has no independent right to enforce payment of the Service Charge, they can only do so as the appointed agent of the Landlord.

3. This was confirmed in the Upper Tribunal case of Beitov Properties Ltd v Martin [2012] UKUT 133 (LC). In this case a demand for payment was sent out with the Landlord’s name but with the managing agent’s address only. The Tribunal decided that in order to comply with Section 47 it should have included the Landlord’s address.

Why is this Important to Leaseholders?

1. If the information required by Section 47 of the Landlord and Tenant Act 1987 is not provided to a Leaseholder then payment of the amount referred to in the demand is not due.

2. A Leaseholder may legally withhold payment, without penalty, until the required information is provided.

Exemptions from Section 47

1. If a Court or Tribunal orders the appointment of a manager to receive the Service Charge, or, in the case of a Landlord going into administration, a receiver, then Section 47 does not apply.

2. In these situations the Landlord is no longer legally able to collect the Service Charge and the requirement for their name and address to be included in Service Charge demands no longer applies.

Click on the link to read more about The Landlord and Tenant Act 1987