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m&m
30-10-2009, 12:03 PM
Can a landlord avoid putting his address on court paperwork by putting his letting agent's address? I.e. instead of putting it in as 'John Smith, 123 Letsbe Avenue, etc.', can it be 'John Smith, c/o Joe Bloggs Lettings Ltd, 22 Acacia Avenue etc?

Will a court stand for this? LL is afraid tenants will come and smash his windows after eviction, so he wants the agents' smahing instead :-)

m&m
02-11-2009, 09:34 AM
Does anybody know the answer to this? It would be very helpful :-)

havensRus
02-11-2009, 11:51 AM
Yes, it is but only if the T has been given that address for service of documents on the Landlord - in compliance with S48 of the L&T act 1987.

In Tadema Holdings plc v Ferguson 1999, the Court of appeal held that a notice giving a "care of" address is valid.

HTH

m&m
02-11-2009, 12:41 PM
Thank you. Do you mean on the AST (all landlords are shown with us as the landlord's agent and giving our address), or on the court paperwork?

jeffrey
02-11-2009, 14:20 PM
A Notice under s.48 of LTA 1987 can be either:
a. contained in the AST; or
b. served on T thereafter. Anyway, if L1 transfers to L2, a new s.48 Notice (+a Notice under s.3 of LTA 1985) will be needed.

m&m
02-11-2009, 15:09 PM
Many thanks guys, as always!