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Landlord and Tenant Act 1987, Part VI is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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 M1Landlord and Tenant Act 1954 applies.
(2)In this Part “service charge” has the meaning given by section 18(1) of the 1985 Act.
[F1(3)In this Part “administration charge” has the meaning given by paragraph 1 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002.]
Textual Amendments
F1S. 46(3) inserted (30.9.2003 for E.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 11 para. 9; S.I. 2003/1986, art. 2(c)(i) (with Sch. 2)
Modifications etc. (not altering text)
C1Ss. 46-48 modified (30.9.2003 for E.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 7 para. 12; S.I. 2003/1986, art. 2(a)
C2Ss. 46-49 extended to Crown Land (30.9.2003 for E. for specified purposes) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii) (with Sch. 2)
Marginal Citations
(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 [F2or an administration 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 [F3or tribunal], there is in force an appointment of a receiver or manager whose functions include the receiving of service charges [F4or (as the case may be) administration 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.
Textual Amendments
F2Words in s. 47(2) inserted (30.9.2003 for E.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 11 para. 10(2); S.I. 2003/1986, art. 2(c)(i) (with Sch. 2)
F3Words in s. 47(3) inserted (30.9.2003 for E.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 13 para. 10; S.I. 2003/1986, art. 2(c)(i) (with Sch. 2)
F4Words in s. 47(3) inserted (30.9.2003 for E.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 11 para. 10(3); S.I. 2003/1986, art. 2(c)(i) (with Sch. 2)
Modifications etc. (not altering text)
C1Ss. 46-48 modified (30.9.2003 for E.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 7 para. 12; S.I. 2003/1986, art. 2(a)
C2Ss. 46-49 extended to Crown Land (30.9.2003 for E. for specified purposes) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii) (with Sch. 2)
(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 [F5or service charge] [F5, 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.
(3)Any such rent [F6or service charge] [F6, service charge or administration charge] shall not be so treated in relation to any time when, by virtue of an order of any court [F7or tribunal] , there is in force an appointment of a receiver or manager whose functions include the receiving of rent [F8or (as the case may be) service charges] [F8, service charges or (as the case may be) administration charges] from the tenant.
Textual Amendments
F5Words in s. 48(2) substituted (30.9.2003 for E.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 11 para. 11(2); S.I. 2003/1986, art. 2(c)(i) (with Sch. 2)
F6Words in s. 48(3) substituted (30.9.2003 for E.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 11 para. 11(3)(a); S.I. 2003/1986, art. 2(c)(i) (with Sch. 2)
F7Words in s. 48(3) inserted (30.9.2003 for E.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 13 para. 11; S.I. 2003/1986, art. 2(c)(i) (with Sch. 2)
F8Words in s. 48(3) substituted (30.9.2003 for E.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 11 para. 11(3)(b); S.I. 2003/1986, art. 2(c)(i) (with Sch. 2)
Modifications etc. (not altering text)
C1Ss. 46-48 modified (30.9.2003 for E.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 7 para. 12; S.I. 2003/1986, art. 2(a)
C2Ss. 46-49 extended to Crown Land (30.9.2003 for E. for specified purposes) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii) (with Sch. 2)
In section 196 of the M2Law 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.
Modifications etc. (not altering text)
C2Ss. 46-49 extended to Crown Land (30.9.2003 for E. for specified purposes) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii) (with Sch. 2)
Marginal Citations
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.”
Textual Amendments
F9S. 51 repealed by Land Registration Act 1988 (c. 3, SIF 98:2), s. 2, Sch.
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