No Section 48 on Tenancy Agreement

BitterAndTwisted

I think there's more to this whole scenario than meets the eye.

jelliedeel

Thanks again for the posts quite clear about the matter now and what I have to do, sorry I stirred up such a debate but as I said I was just asking for info or any relevant experience. I also understand about the 1985 Housing Act, section 1 and the £20000 fine for non compliance of address after 21 days etc. Nothing much else to it really Bitter or GM just wanted to ask as this is such a good place to get really useful help and advice.

BitterAndTwisted

I suspect that the situation could be as simple as this landlord, used to renting property as holiday-lets, may not be acquainted with the legal requirements where residential lets are concerned. But from what little I understand about what's been going on and your future plans, it seems to me that you could be stirring up a whole hornets nest of trouble for yourself. And being evicted with a child in tow the most likely outcome. Not a situation to be relished by someone managing on benefits, I would say, unless there's the certainty of local authority housing or something. Is this what you are hoping to engineer?

jelliedeel

If I'd wanted a Council house or flat I certainly would have worked harder than this by now to get one that isn't my reason for doing this at all as I've said before. Also I am not on any Council waiting lists and never have been I have always rented privately and will continue to do so. It is an option that when someone is evicted a private LL is offered before Council because there is usually more readily available. It seems very sad and obvious by our grab culture today that you might possibly think I am in this for something I'm not I just wanted some other opinions you know people outside looking in, well hang me for that I'm sorry.

BitterAndTwisted

I'm not accusing you of anything, it's just that I'm finding incredibly hard to understand why you appear to be hellbent on making life potentially very difficult for yourself. The absence of the S48 isn't the only focus of your attention where this tenancy is concerned, is it?

jelliedeel

If there is no address for the LL then no rent is due and rent can be witheld. Who ever demands rent should provide address.

I would recommend not to pay rent as this will not endanger her tenancy, although the LL would have the right to serve her s21, but to take her to court to terminate tenancy would also require to give his address, which he doesnt seem to want to do.

The deposit is unprotected so the LL is really up the creak; this can be used as a negotiating tool, although I think the T is in a very strong position already and if taken to court for eviciton she can claim the 3x deposit. She must get advice form CAB if this happens. I could be wrong, but I think lettingaproperty meant that the section 21 will not be valid if it was served before the deposit was protected, assuming of course we are talking about an AST falling within the deposit protection rules.

Someone also asked earlier whether a section 8 notice can be served for arrears if section 48 has not been complied with. The answer is no, simply because the rent is not lawfully due until section 48 has been complied with.

LandlordZONE