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Monday, September 20, 2010

Tenancy agreement - address

I was recently contacted by a landlord who lets property in England and has now moved to Scotland.

She was now looking at renewing the tenancy with her existing tenant but when it came to filling out the tenancy agreement on the Property Manager she noted it stated that the address she needed to give had to be in England or Wales. Why was this?

This requirement stems from the requirements of section 48 of the Landlord & Tenant Act 1987. This states that rent is not lawfully due unless the tenant has been given in writing an address in England and Wales at which notices can be served.

If a landlord lives abroad you could use a c/o address, PO box or company address. It is also possible to use a letting agents address and in so doing remain anonymous. However, under the provisions of the Landlord & Tenant Act 1985 tenants of dwellings in England & Wales, who make a written request to an agent do have the right to the landlord's name and address. This information must be duly supplied within 21 days.

So guys even if you buy yourself a castle in Scotland like JK Rowling that doesn't guarantee you anonymity from your tenants prying eyes!

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