Before serving any Section 8 notice for rent arrears, confirm you have given a valid Section 48 notice. Non-compliance means arrears may not be 'lawfully due' — destroying Ground 8 (mandatory 3-month threshold).
What Section 48 requires
Section 48(1) of the Landlord and Tenant Act 1987: landlords of residential premises must give tenants written notice of an address in England and Wales at which notices (including legal proceedings) may be served on the landlord. A letting agent's address, solicitor's address, or any registered address in England and Wales satisfies the requirement.
Consequence of non-compliance
- Section 48(2): rent is treated as not due until the notice is given
- On the Ground 8 mandatory arrears test (3 months' rent 'lawfully due'), non-compliant-period rent may not count — landlord loses the mandatory ground
- The rent is not extinguished — it accrues and becomes payable once a valid Section 48 notice is served
- County court judges check Section 47/48 compliance as a standard step in possession hearings
Section 47: rent demand requirements
Section 47(1): every written demand for rent must include the landlord's name and address. Non-compliant demands: the amount is not due until the information is provided. Unlike Section 48 (one-off notice), Section 47 applies to each individual written demand.
How to comply
- Include the landlord's name and England and Wales service address in the tenancy agreement at signing — this simultaneously satisfies Sections 47 and 48
- For existing tenancies where address was not provided: serve a standalone written notice to the tenant immediately
- Include landlord name and address on all written rent demands (satisfies Section 47 per demand)
- Letting agent's address is sufficient — does not need to be the landlord's home address
- Before any Section 8 service: verify Section 48 has been complied with; if not, serve it immediately alongside or before the Section 8 notice
Sources
- Landlord and Tenant Act 1987 s.48 (legislation.gov.uk)
- Landlord and Tenant Act 1987 s.47 (legislation.gov.uk)
This guide is accurate as at 6 June 2026. It is provided for information purposes only and does not constitute legal advice.