What Section 47 LTA 1987 requires — the landlord's name and address
Section 47(1) LTA 1987 provides that where any written demand is given to a tenant of a dwelling for rent or other sums payable to the landlord, the demand must contain the landlord's full name and an address in England and Wales to which notices (including notices in proceedings) may be sent to the landlord.
- The landlord's full name — for a company, the registered name; for an individual, their full legal name. A trading name is insufficient
- An address in England and Wales — a property address or registered office, not merely a PO Box number
- Section 47 applies to ground rent demands, service charge demands, and administration charge demands
- Service charge demands must also comply with LTA 1985 s.21B — the prescribed summary of rights and obligations
Consequence of non-compliance — the amount is 'not due'
Section 47(2) LTA 1987 provides that where a demand does not contain the required information, the amount demanded is treated as not being due from the tenant until the landlord serves a demand that does include the required information.
- The leaseholder is not in breach by refusing to pay — the landlord cannot sue for the amount or forfeit for non-payment
- Interaction with CLRA 2002 s.169 — a 'not due' amount cannot be forfeited even if over £350 and outstanding more than 3 years
- Interest accrual — the 'due date' is effectively the date of the first compliant demand
- The defect is curable — serve a fresh compliant demand; proceedings must restart from that date
- FTT jurisdiction — a leaseholder can raise s.47 non-compliance in FTT proceedings
Section 47 and Section 48 LTA 1987 — the interaction
Section 47 (demand requirements) must be distinguished from Section 48 LTA 1987 (landlord's address for service of notices), though both impose obligations on landlords of residential dwellings and both can render amounts 'not due'.
- Section 48 — the landlord must give the tenant a written notice specifying an address in England and Wales for service of notices; until given, rent and service charges are not due
- Key difference — s.47 applies per demand; s.48 is a one-off obligation that applies for the duration of the tenancy
- Both provisions apply simultaneously — a demand can be s.47 compliant but still unenforceable under s.48 if no s.48 notice has been given
- Where a managing agent issues demands, the freeholder's name and address must appear — not just the agent's details
Practical compliance — ensuring every demand is s.47 compliant
Freeholders and managing agents should review all demand templates to ensure they include the landlord's registered name and address in England and Wales. A s.48 notice should be served at the outset of every lease and retained on file.
- All service charge, ground rent, and administration charge templates must show the freeholder's name and address
- A demand showing only the managing agent's details is defective under s.47
- Serve a s.48 notice at the grant of each lease and on any change of landlord
- If a defective demand has been served, serve a compliant demand immediately — do not issue proceedings based on the defective demand