Occasionally possession actions are challenged on the grounds that the rent arrears on which the claim is based are not lawfully due.  The contention being that the landlord has failed to provide the tenant with an address in England and Wales where notices can be served. 

Section 48 of the Landlord and Tenant Act 1987 requires the landlord to provide to the tenant an address in England and Wales where notices may be served upon the landlord.  This address can be the name and address of an authorised managing agent where applicable.

Where no such notice has been served, rent and / or service charge payments are not legally due until such time as the notice has been served.

A section 48 notice can be included within the tenancy agreement and this is the easiest way to ensure that all tenants receive the notice.  Where the notice has not been served, you should serve a notice under section 48 and the tenant will become liable for the rent.