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Service charge demands


Introduction

Section 47 of the Landlord and Tenant Act 1987

Section 47 of the 1987 Act provides that where any written demand to which the section applies is sent to a tenant it must contain certain information relating to the name and address of the landlord. If it does not do so any service charges referred to in the demand will not be recoverable until the requisite information is given:
    "47(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."

Landlord’s address in demand

Address of the agent

Beitov Properties Ltd v Martin
[2012] UKUT 133 (LC)

Summary

The requirement in s47 of the Landlord and Tenant Act 1987 to give the landlord’s address in a demand for payment of service charges is not satisfied by giving the landlord’s agent’s address.

Facts

The LVT raised with the landlord (L) the question of the address given in the landlord’s demand for s ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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