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Landlord and Tenant Act 1987

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This is the original version (as it was originally enacted).

Part VIInformation to be Furnished to Tenants

46Application of Part VI, etc.

(1)This Part applies to premises which consist of or include a dwelling and are not held under a tenancy to which Part II of the Landlord and Tenant Act 1954 applies.

(2)In this Part "service charge" has the meaning given by section 18(1) of the 1985 Act.

47Landlord's name and address to be contained in demands for rent etc.

(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 and Wales, an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant.

(2)Where—

(a)a tenant of any such premises is given such a demand, but

(b)it does not contain any information required to be contained in it by virtue of subsection (1),

then (subject to subsection (3)) any part of the amount demanded which consists of a service charge ("the relevant amount") shall be treated for all purposes as not being due from the tenant to the landlord at any time before that information is furnished by the landlord by notice given to the tenant.

(3)The relevant amount shall not be so treated in relation to any time when, by virtue of an order of any court, there is in force an appointment of a receiver or manager whose functions include the receiving of service charges from the tenant.

(4)In this section "demand" means a demand for rent or other sums payable to the landlord under the terms of the tenancy.

48Notification by landlord of address for service of notices

(1)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.

(2)Where a landlord of any such premises fails to comply with subsection (1), any rent or service 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.

(3)Any such rent or service charge shall not be so treated in relation to any time when, by virtue of an order of any court, there is in force an appointment of a receiver or manager whose functions include the receiving of rent or (as the case may be) service charges from the tenant.

49Extension of circumstances in which notices are sufficiently served

In section 196 of the Law of Property Act 1925 (regulations respecting notices), any reference in subsection (3) or (4) to the last-known place of abode or business of the person to be served shall have effect, in its application to a notice to be served by a tenant on a landlord of premises to which this Part applies, as if that reference included a reference to—

(a)the address last furnished to the tenant by the landlord in accordance with section 48, or

(b)if no address has been so furnished in accordance with section 48, the address last furnished to the tenant by the landlord in accordance with section 47.

50Continuation of former landlord's liability to tenant where no notice of assignment

In section 3 of the 1985 Act (duty to inform tenant of assignment of landlord's interest) the following subsections shall be inserted after subsection (3)—

(3A)The person who was the landlord under the tenancy immediately before the assignment ("the old landlord") shall be liable to the tenant in respect of any breach of any covenant, condition or agreement under the tenancy occurring before the end of the relevant period in like manner as if the interest assigned were still vested in him; and where the new landlord is also liable to the tenant in respect of any such breach occurring within that period, he and the old landlord shall be jointly and severally liable in respect of it.

(3B)In subsection (3A) "the relevant period" means the period beginning with the date of the assignment and ending with the date when—

(a)notice in writing of the assignment, and of the new landlord's name and address, is given to the tenant by the new landlord (whether in accordance with subsection (1) or not), or

(b)notice in writing of the assignment, and of the new landlord's name and last-known address, is given to the tenant by the old landlord,

whichever happens first.

51Right of tenant to search proprietorship register for landlord's name and address

(1)In section 112(1) of the Land Registration Act 1925 (inspection of register and other documents at Land Registry), for "sections 112A and 112AA" there shall be substituted

sections 112A, 112AA and 112C.

(2)The following section shall be inserted after section 112B of that Act— Right of residential tenant to search for landlord's name and address.

112C(1)For the purpose of enabling him to ascertain the name and address of his landlord, the tenant of premises to which this section applies shall (subject to subsection (3)) have a right, on payment of a fee and in accordance with the prescribed procedure, to inspect and make copies of, and take extracts from, any part of any register kept in the custody of the registrar which contains the name and address of the proprietor of any registered land containing those premises.

(2)This section applies to premises which consist of or include a dwelling and are not held under a tenancy to which Part II of the Landlord and Tenant Act 1954 (business tenancies) applies.

(3)The registrar may refuse to allow a tenant to exercise his right of inspection under subsection (1) above in relation to any registered land if he has reason to believe that the proprietor of that land is not the landlord of the tenant.

(4)In this section—

  • "dwelling" means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

  • "landlord" means the immediate landlord or, in relation to a statutory tenant, the person who, apart from the statutory tenancy, would be entitled to possession of the premises subject to the tenancy;

  • "statutory tenancy" and "statutory tenant" mean a statutory tenancy or statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976; and

  • "tenant" includes a statutory tenant.

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