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".
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