UK Landlord's Guide To a Section 48 Notice in 2024

You may have heard the term Section 48 notice before, but what does it mean? In this blog, I will go into detail about what a Section 48 notice is and when you would need to submit one to your tenants.

Table of Contents

What Is A Section 48 Notice?

A Section 48 Notice is a written document that a landlord provides to a tenant informing them of their full name and address where the tenant can serve any notices on the landlord. The name refers to Section 48 of the Landlord And Tenant Act 1987. This Act states that:

“A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.” – Landlord and Tenant Act 1987, c. 31 Part VI Section 48

This contact information is usually included within a tenancy agreement or contract, which is supplied to the tenant at the beginning of their tenancy. If the landlord’s address changes, or if the property is sold to a new landlord, then a Section 48 Notice must be delivered to the tenant providing the new information.

What Is The Purpose Of A Section 48 Notice?

During a tenancy, a tenant may need to serve notices, i.e. written communications to their landlord. This is necessary when a tenant is requesting repairs to their property or informing the landlord of their plans to move out of the property. The address given must be within England or Wales. If the landlord lives in another country, they must provide an alternative address that is within England or Wales for the Section 48 notice to be valid – in this case, you could use the address of your solicitor or property management company.

How To Serve A Section 48 Notice?

Unlike other notices such as a Section 13 that a landlord may serve to a tenant, delivering a Section 48 notice is pretty straightforward. You can simply write a short letter in your own words stating your name and address. You could deliver this letter by hand or send it in the post via recorded delivery, as you may need to prove that the notice was delivered if a dispute occurs. As stated above, most of the time, this landlord’s name and address are included within the initial tenancy agreement, so if this is the case and your address has not changed, no action needs to be taken. Note: informing the tenant verbally or via phone call, text message or email is not suitable for a Section 48 notice – it should be physically delivered in writing.

Does The Section 48 Notice Need To Be The Landlord’s Home Address?

In short, no it doesn’t – the landlord can provide an address where they can relieve communication, such as an office or business address. Many landlords provide the address of their solicitor or letting agency for the purposes of a Section 48 notice. You could even use the address of a friend or family member if you cannot provide any of the above to the tenant.

FAQ: Can the section 48 Notice use a PO Box address?

Answer: No, the address given cannot be a PO Box – it must be an actual physical address.

Ready To Build Job Replacing Income With Property?

What Happens If A Landlord Does Not Provide A Section 48 Address?

Section 48 of The Landlord and Tenant Act 1987 states that if a landlord does not provide their postal address, they will not be able to enforce payment of rent, service charges or any other fees until such time as their name and full address are provided. The landlord may also face a fine of up to £2,500 for failing to provide this information.

“Where a landlord of any such premises fails to comply with subsection (1), any rent [F1, service charge or administration charge] otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.” – – Landlord and Tenant Act 1987, c. 31 Part VI Section 48

It is important to note that failure to provide the Section 48 Notice does not mean the tenant never has to pay rent – once the landlord’s name and address are provided, the tenant will be responsible for paying any outstanding rent from before the notice was given. Ideally, you will never be in the situation as a landlord, as you will provide a suitable postal address at the time the tenancy agreement and contract are signed by both parties.

To avoid any potential problems, make sure that all contact details given to the tenants are up to date. If you move house, move to a different solicitor or letting agent, or if you sell the property to another landlord, ensure that any new contact information is shared with your tenants.

In the event that your tenants claim that you did not provide a Section 48 notice, contact your solicitor or another legal professional in the first instance so they can advise you on your specific situation. Then, provide the Section 48 notice as soon as possible to avoid any delayed rental payments.

Section 48 Notices might not seem like a big issue, but failure to serve one when needed could result in serious consequences for you as a landlord. If you have any questions about Section 48 Notices or other legal responsibilities, consult with your solicitor or another legal professional for more advice.

Are you interested in property investing and development? Join us for one of our FREE property events and meet me, Liam J Ryan, and other top property investment experts – find out more here.