Section 48

Section 48 of the Landlord and Tenant Act 1987 requires every residential landlord in England and Wales to provide the tenant with an address in England or Wales at which formal notices, including notices in legal proceedings, can be served. The obligation is unconditional. It applies regardless of where the landlord lives, whether the property is managed by an agent, and whether or not it is stated in the tenancy agreement.

The statutory consequence of non-compliance is severe. Under section 48(2), until a valid address has been provided in writing, any rent, service charge, or administration charge that would otherwise be due is treated for all purposes as not being due. The tenant is not legally in rent arrears during any period in which no valid Section 48 address is in force, no matter how long the gap runs.

Section 47 and Section 48: the important distinction

Section 48 is regularly confused with the related but distinct Section 47 of the same Act. Section 47 requires a landlord's name and address to appear on every written demand for rent or other sums. Its purpose is identification: the tenant must be able to see who their landlord is. If the landlord's address is outside England and Wales, Section 47 still requires an address in England or Wales to appear on the demand.

Section 48 is different in purpose. It requires the landlord to notify the tenant of an address where legal notices can be served, not necessarily the landlord's own home or business address. Many landlords use their managing agent's address for Section 48 purposes. Both sections must be complied with independently: satisfying one does not satisfy the other.

What address qualifies

The address must be a physical address in England or Wales. A PO box does not satisfy Section 48. An overseas address does not satisfy it. The address can be the landlord's own home, the address of a letting agent or managing agent, the address of a solicitor, or the address of a trusted contact, the only requirement is that it is a real, physical address in England or Wales where the landlord will actually receive post, including formal court documents.

From working with self-managing landlords across the UK, August finds that overseas landlords in particular sometimes overlook this requirement, assuming that an overseas address combined with an agent relationship is sufficient. It is not: the Section 48 address itself must be in England or Wales.

How to comply

The most practical way to comply is to include the Section 48 address in the tenancy agreement itself. Provided the agreement clearly states an address in England or Wales where notices may be served on the landlord, this satisfies the statutory obligation without any additional document. Where a separate Section 48 notice is needed, for example, if the tenancy agreement did not include a compliant address, or if the address has changed, the notice can be a short letter or form, delivered by hand, posted first class, or included in a rent demand. There is no prescribed format.

It is worth keeping a copy of whatever document contains the Section 48 address, whether that is a signed tenancy agreement, a letter to the tenant, or a rent statement, as evidence that compliance has been achieved and from when.

When Section 48 must be re-served

Section 48 compliance is not a once-at-the-start formality. It must remain accurate throughout the tenancy. Three situations commonly require a fresh Section 48 notice to be served:

The address changes - if the landlord moves, appoints a new managing agent, or the existing agent's address changes, a new notice must be given promptly. Until the new notice is served, rent ceases to be legally due.

The property changes hands - if a landlord sells a tenanted property, the new landlord must serve their own Section 48 notice on the tenant. The previous landlord's compliance does not carry over. Related to this, Section 3 of the Landlord and Tenant Act 1985 separately requires the new landlord to notify the tenant of their name and address within two months of acquisition.

The agent relationship ends - if a landlord takes over management from a letting agent, they should check the tenancy agreement to confirm what address is stated. If the address given was the agent's, a new Section 48 notice in the landlord's own name and with a valid address must be served.

The cure effect: rent becomes payable retrospectively

A point that catches landlords out in the opposite direction. Once a valid Section 48 notice is served, all rent that was treated as not being due during the non-compliant period becomes immediately payable in full. The landlord can then pursue those backdated rent arrears through the courts. Non-compliance does not permanently forgive the debt, it suspends it until compliance is restored.

This means a landlord who discovers they have been non-compliant throughout a tenancy can remedy the position by serving a valid Section 48 notice and then pursuing the accumulated arrears. The practical risk for a tenant who withholds rent on Section 48 grounds is that the landlord can correct the deficiency quickly and immediately have a fully enforceable arrears claim.

Section 48 and possession proceedings

Any landlord considering grounds for possession based on rent arrears must ensure Section 48 compliance is in place before issuing proceedings. If no valid Section 48 address has been given, there are no arrears in law, and a Section 8 possession claim on arrears grounds cannot succeed. Courts will not assist a landlord in recovering rent or enforcing possession where the Section 48 obligation has not been met.

For a full guide to serving the notice correctly, including a template, see our Section 48 notice guide.

Frequently asked questions

Can I use my letting agent's address for Section 48?

Yes. Section 48 does not require the landlord's personal address, it only requires an address in England or Wales where notices can be served. A managing agent's address is one of the most common choices, particularly for landlords who live overseas or prefer not to give out their home address.

Does Section 48 apply to service charges as well as rent?

Yes. Under section 48(2), non-compliance renders rent, service charges, and administration charges all treated as not being due. This is particularly relevant in leasehold contexts where leaseholders pay both rent and variable service charges.

What if I did not include a Section 48 address in the tenancy agreement?

Serve a standalone Section 48 notice immediately, a short letter to the tenant providing the England or Wales address for service. Once served, all future rent becomes legally due, and any rent that was suspended during the period of non-compliance becomes payable in full upon service.