Common Mistakes to Avoid
When dealing with Section 48 Notices, landlords often make a few common mistakes that can lead to legal complications. One of the most common mistakes is providing incorrect information on the notice. The address provided must be a physical address in England or Wales where the tenant can serve notices. Providing a PO Box or an email address is not acceptable.
Another common mistake is failing to serve a new Section 48 Notice when the landlord’s address changes. If the landlord moves or decides to use a different address for receiving notices, they must serve a new Section 48 Notice to the tenant with the updated address. Failure to do so can lead to the same consequences as not serving the notice in the first place.
As the address does not have to be the landlord’s home address, this sometimes leads to problems as well. Often, landlords will use the address of the letting agent or their solicitor and then not think too much of it, to the degree that when they change their letting agent or representative, the contact address for the tenant is forgotten about and not updated. This is all so easy to do, especially when most modern communication is done by e-mail.
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