Q&As

If a service charge demand names the freeholder as two individuals when actually only one of them owns the freehold, would this invalidate the demand?

read titleRead full title
Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 02/10/2018

The following Property Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • If a service charge demand names the freeholder as two individuals when actually only one of them owns the freehold, would this invalidate the demand?

For residential leases, where the interest of the landlord under a lease or tenancy which consists of or includes a dwelling is assigned, the new landlord must give notice in writing of the assignment, and of their name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months (section 3 of the Landlord and Tenant Act 1985 (LTA 1985)). Breach of this statutory duty has several consequences:

  1. the new landlord commits a criminal offence (LTA 1985, s 3(3))

  2. the old landlord remains liable to the tenant in respect of any breach of any covenant etc under the tenancy which occurs before the proper notice is given (LTA 1985, s 3(3A)), and

  3. if, therefore, the new landlord has also failed to comply with its duty to give notice to the tenant of an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant, any service charge otherwise due from the tenant to the landlord is to be treated for all purposes as not yet being due (ie it is suspended until compliance: section 48 of the Landlord and Tenant Act 1987 (LTA 1987))

More particularly, where any written

Popular documents