Section 47 LTA 1987 — Landlord's Name and Address in Rent Demands: Requirements, Unenforceability, and Remedies

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 name: The full name of the landlord — for a company, the registered name; for an individual, their full legal name. A trading name or shortened version is not sufficient
• The landlord's address: An address in England and Wales to which notices (including notices in proceedings) may be sent to the landlord. This should be a property address or registered office — not merely a PO Box number, as the courts have shown some reluctance to accept PO Box addresses as complying with the requirement for an address to which notices may be served
• Ground rent demands: Section 47 applies to ground rent demands. Note that from 30 June 2022, the Leasehold Reform (Ground Rent) Act 2022 restricts ground rent for new leases to a peppercorn — but existing leases with ground rent above a peppercorn must comply with s.47 when issuing demands
• Service charge demands: Section 47 applies to service charge demands. The service charge demand must also comply with the summary of rights and obligations requirement under LTA 1985 s.21B (a prescribed form of summary of the tenant's rights must accompany service charge demands)
• Administration charge demands: Section 47 also applies to demands for administration charges — charges such as consent fees, breach of covenant fees, and licence fees charged under the lease

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:

• 'Not due' means the tenant cannot be required to pay: A leaseholder who receives a defective demand is not in breach of the lease by refusing to pay. The landlord cannot sue for the amount, cannot forfeit the lease for non-payment, and cannot charge interest or penalties for late payment — until a compliant demand is served
• Interaction with CLRA 2002 s.169: Where a service charge is 'not due' under s.47, it also cannot be forfeited under CLRA 2002 s.169 even if the arrears are over £350 and outstanding for more than 3 years — because the amount is not legally 'due'
• Interest accrual: Some leases provide that interest runs on unpaid amounts from the due date. Where a demand is defective under s.47, the 'due date' is effectively the date of the first compliant demand — interest should not accrue on the period of the defective demand
• The defect is easily cured: The landlord simply serves a fresh demand that includes all required information. Once a compliant demand is served, the amount becomes due in the normal way. However, any forfeiture or legal proceedings based on the defective demand must restart from the date of the compliant demand
• FTT jurisdiction: A leaseholder who disputes whether a demand is compliant with s.47 can raise the issue in FTT proceedings. FTT will determine whether the demand was compliant and whether the amount was 'due' at the relevant time

Section 47 and Section 48 LTA 1987 — the interaction

Section 47 (demand requirements) must be distinguished from Section 48 LTA 1987 (address for service of notices), though both impose obligations on landlords of residential dwellings:

• Section 48 LTA 1987 — address for service: A landlord of a dwelling must give the tenant a written notice specifying an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord. Until the landlord gives such a notice, rent and service charges are treated as not due
• Key difference: Section 47 applies to individual demands — each demand must contain the landlord's name and address. Section 48 applies more broadly — the landlord must at some point give the tenant a written notice of an address for service, which then applies for the duration of the tenancy until varied. A valid s.48 notice satisfies the s.48 requirement but does not automatically satisfy s.47 for individual demands that fail to include the information
• Both provisions apply simultaneously: A service charge demand might comply with s.47 (because it includes the landlord's name and address) but still be rendered unenforceable by s.48 non-compliance (if the landlord has never given the tenant a written notice under s.48). A tenant can raise both s.47 and s.48 defects as separate defences
• Managing agent as landlord's agent: Where a managing agent issues demands on the freeholder's behalf, the demand must still contain the freeholder's (landlord's) name and address — not only the managing agent's details. A demand showing only the managing agent is defective under s.47

Practical compliance — how to ensure s.47 compliance

Freeholders and managing agents can ensure compliance with s.47 by following these practices:

• Template demands: All service charge, ground rent, and administration charge demand templates should include a standard footer or header containing: the registered name of the freeholder (or landlord's full legal name if an individual); the landlord's address in England and Wales for service of notices
• Review existing templates: Managing agents should review all demand templates to verify they contain the landlord's (not just the agent's) name and address. A demand listing only the managing agent's details is defective
• Serve a s.48 notice at the outset of every lease: At the grant of a lease or on acquisition of a freehold, serve a formal written notice under s.48 specifying the landlord's address. Keep a copy of this notice in the lease file
• If a defective demand has been served: Serve a fresh compliant demand immediately. Do not issue forfeiture proceedings, court proceedings, or FTT proceedings based on the defective demand. Restart the timetable from the date of the compliant demand
• Service charge demand summary (LTA 1985 s.21B): Remember that service charge demands must also be accompanied by a prescribed summary of rights and obligations. A service charge demand that is technically s.47-compliant but lacks the s.21B summary is also defective and unenforceable

Frequently asked questions