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In a decision handed down on 8 May 2012 the Upper Tribunal
(Lands Chamber) have clarified a long standing requirement that a
demand for rent or service charges must contain the name and
address of the landlord, if it is to be regarded as a valid
demand.
Nowhere to hide
The requirement has been in place since the commencement of the
Landlord and Tenant Act 1987, but it has become common practice for
some landlords to insert the address of its managing agents or a
'care of' address on demands. This is particularly so where
the address of the landlord is outside of the UK. The Case of
Beitov Properties Limited V Elliston Bentley Martin has determined
that a demand must state the full name and address of the landlord,
even if the address is a registered office which might be at a
solicitors office or accountants', or outside of the UK.
Health check required
The decision confirms that the purpose of Section 47 (1)(a) is
to enable the lessees to know who their landlords are. If the
landlords address is outside of England and Wales, it is a further
requirement under Section 47(1)(b) that an address in England and
Wales at which notices can be served must also be provided on any
demand. This can be utilised to state the address of any managing
agent. Prudent landlords should check that their service charge
demands comply with this basic requirement.
Unforseen consequences
The risk of not complying is that the sums being claimed in a
demand which does not comply are not regarded as being due. In the
Beitov case this meant that a case brought for recovery of service
charges failed on a mere technicality, a point considered by the
President of the Upper Tribunal; "No purpose will in the
circumstances have been served in imposing on the landlord the need
to deal with the issue raised, to serve a fresh demand and, quite
possibly, to take further proceedings for recovery".
Thomas Eggar LLP is a limited liability partnership
registered in England and Wales under registered number OC326278
whose registered office is at The Corn Exchange, Baffin's Lane,
Chichester, West Sussex, PO19 1GE (VAT number 991259583). The word
'partner' refers to a member of the LLP, or an employee or
consultant with equivalent standing and qualifications. A list of
the members of the LLP is displayed at the above address, together
with a list of those non-members who are designated as partners.
Regulated by the Solicitors Regulation Authority. Lexcel and
Investors in People accredited.
Thomas Eggar LLP is not authorised by the Financial
Services Authority. However, we are included on the register
maintained by the Financial Services Authority so that we can carry
on insurance mediation activity which is broadly the advising on,
selling and administering of insurance contracts. This part of our
business, including arrangements for complaints and redress if
something goes wrong, is regulated by the Solicitors Regulation
Authority. The register can be accessed via the Financial Services
Authority website. We can also provide certain further limited
investment services to clients if those services are incidental to
the professional services we have been engaged to provide as
solicitors.
Thesis Asset Management plc, our associated financial
services company, provides a comprehensive range of investment
services and advice. Thesis is owned by members of Thomas Eggar LLP
but is independent of and separate to it. No lawyer connected with
Thomas Eggar LLP provides services through Thesis as a practicing
lawyer regulated by the Solicitors Regulation Authority. Thesis is
authorised and regulated by the Financial Services Authority.
Thesis has its own framework of investor protection and
professional indemnity cover but Thesis clients do not enjoy the
statutory protection of solicitors' clients.
The contents of this article are intended as guidelines for
clients and other readers. It is not a substitute for considered
advice on specific issues. Consequently, we cannot accept any
responsibility for this information or for any errors or
omissions.
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