Tenancies can be created with little formality; no documentation is actually necessary and negotiations between landlord and tenant could, and often are, conducted by a third party agent. A tenant can therefore be in a legally binding relationship with their landlord but hold very little information as to who they are which, when you think about it, is a little odd...

There are however various statutory provisions that give the tenant the right to be informed of the landlord's name and address.

Under the section 48 Landlord and Tenant Act 1985 , a landlord must provide the tenant with valid UK address for the service of notices. If no address is provided, any rent or service charge due is treated as not being due until the landlord complies.

This should be born in mind when a landlord acquires a tenancy by way of assignment having purchased the property. It is crucial that s48 is complied with and the tenant is given the new landlord's name and address - and evidence of this information having been provided is retained! The information is required to be served no later than 2 months after the date of transfer, or if rent is not payable within that period, no later than the next day on which rent is payable.

Scarily, if the tenant is not informed of the new landlords name, the previous landlord remains liable for any breach of the tenancy agreement - so if you are selling a tented property make sure that notice is served.

Under s1 of the Landlord and Tenant Act 1985 , a tenant may make a written request for their landlord's name and address to any persons demanding rent, persons whom last received rent or anyone acting as the landlord's agent. The person in receipt of the rent must comply within 21 days.

If the landlord fails to provide a valid address, the landlord will be committing a criminal offence for which they may be prosecuted and face a fine.

So what happens if a landlord lives abroad?

The landlord must appoint an agent with a UK address and the agent has to be authorised to accept notices from the landlord.

If the landlord fails to provide a valid address to the tenant, in addition to the commission of an offence, there exists a breach of contract and the chances of succeeding in a claim for rent in arrears or dilapidations will be scarce.

The best option for a landlord who lives abroad is to agree management of the property with an agent - this also ensures the landlord is able to comply with the numerous other obligations under the tenancy in a timely manner i.e. carrying out repairs.

Contact our Experienced Landlord & Tenant Solicitors

Whether you're new to the landlord scene or an experienced property owner, navigating these legal waters can be challenging. Our team, led by Anna Hughes, is well-versed in landlord and tenant law and is ready to assist you with any queries or concerns you may have.

For expert legal advice from experienced landlord solicitors, contact Anna Hughes at a.hughes@woodstocklegalservices.co.uk or complete the form below.