Section 48 notice: notifying a tenant of address for service

The Section 48 notice is one of the most overlooked yet fundamentally important requirements in UK landlord law. Governed by the Landlord and Tenant Act 1987, this seemingly simple obligation requires landlords in England and Wales to provide tenants with an address where legal notices can be served. Failing to comply has serious consequences - it renders rent legally unenforceable until the requirement is met, potentially blocking court action for rent arrears and invalidating possession proceedings.

Despite its importance, many landlords remain unaware of Section 48, or assume their tenancy agreement automatically satisfies it. Others confuse it with Section 47 requirements or believe a PO box or email address is sufficient. This article explains what a Section 48 notice is, why it matters, how to serve one properly, and the practical implications of getting it wrong.

What is a Section 48 notice?

A Section 48 notice is a legal requirement under Section 48 of the Landlord and Tenant Act 1987 that obliges landlords to furnish tenants with an address in England or Wales where notices (including legal notices and court proceedings) may be served. This is commonly referred to as the landlord's "address for service".

The legislation states: "A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices may be served on him by the tenant."

The requirement applies to all residential tenancies in England and Wales, including assured shorthold tenancies, assured tenancies, and regulated tenancies. It does not apply to commercial lettings or properties outside England and Wales.

Importantly, this address does not have to be the landlord's home address. It can be the address of a letting agent, managing agent, solicitor, or any other physical address in England or Wales where the landlord is confident they will receive correspondence. What matters is that tenants have a clear, legally valid address to which they can send formal communications.

Why Section 48 matters

The consequences of failing to provide a valid Section 48 address are immediate and severe. Under Section 48(2) of the Act, if a landlord does not comply with the requirement, any rent, service charge, or administration charge otherwise due from the tenant shall be treated as not being due until the landlord provides the required address.

This creates several significant problems for non-compliant landlords.

Rent becomes legally unenforceable - Until a valid Section 48 address is provided, tenants can legally withhold rent without breaching their tenancy agreement. The rent does not disappear, it remains owed in principle, but it is not legally payable, which means landlords cannot take legal action to recover it.

Court action is blocked - Landlords cannot pursue rent arrears through the courts whilst in breach of Section 48. Any attempt to do so will fail, and judges may strike out claims or refuse to grant possession orders if the landlord has not satisfied this basic requirement.

Possession proceedings may be invalidated - Section 8 and Section 21 notices served without a valid Section 48 address in place may be challenged as invalid. If the landlord's address on the notice differs from a valid Section 48 address, or if no Section 48 address has ever been provided, the notice may not stand up in court.

Professional reputation suffers - Landlords who overlook Section 48 demonstrate poor attention to detail and weak compliance practices. This can undermine confidence among tenants, letting agents, and legal professionals.

The requirement exists to ensure tenants always have a means of contacting their landlord for important matters including repair requests, formal notices to end the tenancy, legal claims, or court proceedings. Without it, the tenant-landlord relationship lacks a fundamental communication channel that underpins much of housing law.

The difference between Section 47 and Section 48

Section 48 is often confused with Section 47 of the same Act, but they serve different purposes and have different requirements.

Section 47 - Requires that any written demand for rent, service charges, or administration charges must include the landlord's name and address. If the landlord's address is not in England or Wales, the demand must also include an address in England or Wales where notices may be served. Failure to comply means the relevant charges are not payable until the requirement is met.

Section 48 - Requires the landlord to provide the tenant with an address in England or Wales where notices may be served. This requirement is ongoing and independent of rent demands. The address must be suitable for receiving legal notices and court documents.

The key differences are that Section 47 applies specifically to written demands for payment and must include the landlord's actual address, whereas Section 48 is a general requirement applying throughout the tenancy and must provide an address specifically in England or Wales for service of notices.

In practice, including the landlord's name and a valid address in England or Wales on the tenancy agreement typically satisfies both requirements. However, if circumstances change, for example, if the landlord moves abroad or appoints a new managing agent, a fresh Section 48 notice should be served to update the address for service.

What must a Section 48 notice include?

Unlike Section 21 notices which must use prescribed forms, there is no statutory template for a Section 48 notice. The requirement is simply that the landlord must provide the tenant, in writing, with an address in England or Wales suitable for service of notices.

An effective Section 48 notice should include the following information.

The landlord's full name - If the landlord is an individual, their full legal name. If the landlord is a company, the full registered company name.

The address for service - A complete physical address in England or Wales. This must be an actual address, not a PO box number, and cannot be an email address or phone number.

Clear statement of purpose - Although not strictly required by law, it is good practice to state that the address is provided pursuant to Section 48 of the Landlord and Tenant Act 1987 for the service of notices.

Date and signature - The notice should be dated and signed by the landlord or their authorised agent.

A simple example might read:

"In accordance with Section 48 of the Landlord and Tenant Act 1987, please be advised that the address in England and Wales at which notices (including legal notices) may be served on the landlord is:

[Landlord's or Agent's Full Name] [Full Address] [Postcode]

Signed: ___________________ Date: ___________________"

The notice must be in writing. Verbal notification, telephone calls, text messages, or email alone are not sufficient to comply with Section 48, though they may supplement written notice.

When to serve a Section 48 notice

There is no statutory deadline for serving a Section 48 notice, but best practice dictates it should be provided before or at the start of the tenancy. Most landlords satisfy this requirement by including the necessary information in the tenancy agreement itself.

If the tenancy agreement states the landlord's name and provides an address in England or Wales suitable for service of notices, Section 48 is satisfied from the outset. Many professionally drafted agreements include a section identifying the parties and their addresses, which typically fulfils the requirement without needing a separate notice.

However, a new Section 48 notice must be served if circumstances change during the tenancy. Common scenarios include the landlord selling the property to a new owner, the landlord moving abroad and appointing a UK agent, changing letting agents or property managers, or the landlord's address changing for any other reason.

Whenever the address for service changes, landlords should issue a fresh Section 48 notice immediately. Until the new address is provided, the old address, if still valid, remains the address for service. If no previous valid address existed, rent becomes unenforceable until one is provided.

Acceptable addresses for Section 48

The Section 48 address must be a physical address in England or Wales, but it does not have to be the landlord's home address. Landlords have considerable flexibility in choosing an appropriate address.

Landlord's home address - This is straightforward and clear, though many landlords prefer not to disclose their home address for privacy and security reasons, particularly if they own multiple properties or have had difficult tenant relationships.

Letting agent's address - If the landlord uses a letting agent, the agent's office address is commonly used. This is often the most practical option as the agent handles correspondence on the landlord's behalf.

Solicitor's address - Some landlords, particularly those with larger property portfolios or complex arrangements, use their solicitor's address as the Section 48 address.

Business address - If the landlord operates through a limited company or has a registered office address, this can be used provided it is in England or Wales.

Managing agent's address - For properties with professional management, the managing agent's address is appropriate.

The address must be somewhere the landlord is confident they will receive correspondence. It must be an actual physical address. PO boxes are not acceptable because they do not satisfy the requirement for a physical address where notices can be served. Email addresses and phone numbers, whilst useful for day-to-day communication, do not satisfy Section 48.

If the landlord lives abroad, they must still provide an address in England or Wales. This is typically achieved by appointing a UK-based letting agent or property manager and using that agent's address as the Section 48 address.

How to serve a Section 48 notice

Serving a Section 48 notice is straightforward. The notice must be delivered to the tenant in writing. Common methods include handing the notice directly to the tenant, posting it to the rental property by first-class mail, including it in the tenancy agreement at the start of the tenancy, or delivering it by courier or recorded delivery.

Best practice is to keep evidence that the notice was served. If delivering by hand, consider having a witness or asking the tenant to acknowledge receipt. If posting, keep proof of postage. Many landlords use first-class post rather than recorded or special delivery because tenants may be out or refuse to sign for recorded items, resulting in the notice being returned undelivered.

For new tenancies, the simplest approach is to include the Section 48 information in the tenancy agreement itself. A clause identifying the landlord and providing their address for service of notices typically appears near the beginning of the agreement, clearly stating the parties' details. This approach ensures compliance from day one without needing separate correspondence.

If circumstances change during the tenancy, send a letter to the tenant explaining that the address for service has changed and providing the new details. Keep a copy of the letter and proof of posting for your records.

Common mistakes to avoid

Several common errors can undermine Section 48 compliance and expose landlords to the consequences of non-compliance.

Using a PO box - PO boxes are not acceptable. The address must be a physical premises where notices can be served, not just a postal collection point.

Providing only an email or phone number - These are not sufficient to satisfy Section 48. The requirement is for a physical address in England or Wales.

Assuming the tenancy agreement automatically complies - Not all tenancy agreements include adequate Section 48 information. Check your agreement carefully to ensure it provides a clear address in England or Wales for service of notices.

Failing to update after changes - If the landlord's circumstances change - moving house, changing agents, selling the property - a new Section 48 notice must be served immediately.

Using an overseas address - The address must be in England or Wales. If the landlord lives abroad, they must provide a UK address, typically that of their letting agent or property manager.

Confusing Section 47 and Section 48 - These are different requirements. Section 47 relates to demands for payment, whilst Section 48 is about providing an address for service of notices throughout the tenancy.

Not keeping records - Always keep evidence that you provided the Section 48 address. If a dispute arises, you'll need to prove compliance.

Practical implications for landlords

Understanding and complying with Section 48 should be straightforward, but its consequences make it critical for effective property management.

From day one, ensure your tenancy agreement includes your name and a valid address in England or Wales for service of notices. If you use a letting agent, confirm they've included this information. If you're a portfolio landlord managing multiple properties, consider using your letting agent's address consistently across all tenancies to simplify administration.

If you need to take action to recover rent arrears or seek possession, verify that a valid Section 48 address has been provided before instructing solicitors or applying to court. Courts will not look favourably on landlords who've failed to meet this basic requirement, and proceedings may be struck out or delayed.

For landlords operating through limited companies, ensure the company's registered office or business address is clearly stated as the address for service. Company landlords must still comply with Section 48.

Maintaining organised records is essential. Document storage systems designed for landlords help you keep copies of tenancy agreements, Section 48 notices, and correspondence in one place. If a tenant later claims they were not provided with a valid address, you'll need evidence to prove compliance.

Section 48 and the Renters' Rights Act

The Renters' Rights Act, which fundamentally reforms private renting in England, does not alter the Section 48 requirement. Landlords under the new assured periodic tenancy framework must still provide tenants with an address in England or Wales for service of notices.

If anything, Section 48 becomes more important under the new regime. With the abolition of Section 21 no-fault evictions, all possession proceedings must now rely on Section 8 grounds. Courts will scrutinise compliance carefully, and any failure to meet basic requirements like Section 48 could undermine possession claims.

The new mandatory landlord registration system will require landlords to provide contact details, but this does not replace the Section 48 requirement to furnish tenants directly with an address for service.

What tenants should know

From the tenant perspective, the Section 48 address is the formal channel for important communications. If you need to serve notice to end your tenancy, raise a formal complaint, or communicate with your landlord about legal matters, correspondence should be sent to the Section 48 address.

Check your tenancy agreement to identify the landlord's address for service. If no address has been provided, or if you're unsure whether the address given satisfies Section 48, you should raise this with your landlord immediately. Technically, rent is not legally payable until a valid address is provided, though you remain obliged to pay once it is.

If you need to take legal action against your landlord - for example, pursuing a disrepair claim or challenging a possession order - serving notice correctly at the Section 48 address is crucial for protecting your legal position.

Staying compliant

Section 48 compliance should be a routine part of professional landlord practice. The requirement is simple, the solution is straightforward, and the consequences of non-compliance are too severe to ignore.

For new tenancies, include the necessary information in the tenancy agreement itself. State clearly "The address for service of notices on the landlord pursuant to Section 48 of the Landlord and Tenant Act 1987 is [address]". This ensures compliance from the outset without additional paperwork.

For existing tenancies where Section 48 may not have been satisfied, issue a notice immediately. A simple letter providing your name and address is sufficient. Send it by first-class post and keep proof of postage.

For landlords managing multiple properties, consider whether a consistent approach - using the same address for service across all tenancies, simplifies record keeping and ensures consistency. Many landlords use their letting agent's address for this purpose.

Property management software like August's compliance features help landlords track important dates and requirements across their property portfolio. Whilst Section 48 is a one-time requirement rather than something that needs renewing, keeping organised records of when notices were served and maintaining copies of all documentation protects you if compliance is ever questioned.

In summary

The Section 48 notice is a fundamental requirement that every landlord in England and Wales must satisfy. It ensures tenants have a clear address for formal communications and protects the tenant-landlord relationship by maintaining an essential communication channel.

Despite its simplicity, failure to comply renders rent unenforceable and can block court proceedings for rent arrears or possession. Landlords who overlook Section 48 expose themselves to unnecessary legal and financial risk that is entirely avoidable.

The solution is straightforward. Include your name and a valid address in England or Wales in your tenancy agreement, or serve a simple written notice providing this information. If circumstances change, update the address immediately. Keep records proving compliance. These basic steps protect your ability to enforce rent, recover arrears, and regain possession when necessary.

Disclaimer: This article is a guide and not intended to be relied upon as legal or professional advice, or as a substitute for it. August does not accept any liability for any errors, omissions or misstatements contained in this article. Always speak to a suitably qualified professional if you require specific advice or information.