Letting agent insist to putting landlord home address in AST instead of their office address

by Readers Question

18:20 PM, 11th October 2016
About 2 years ago

Letting agent insist to putting landlord home address in AST instead of their office address

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Letting agent insist to putting landlord home address in AST instead of their office address

My letting agent insisted to put my home address in AST instead of using their office address with my name which is what most letting agents do as I understand.address

Is there any legal reason they have to do this, or shouldn’t do this?

This is what they claim to be why:
Section 47 is the rent demand address and it has to be a residential address in England or Wales:
Landlord’s name and address to be contained in demands for rent etc.
(1)Where any written demand is given to a tenant of premises to which this Part applies, the demand must contain the following information, namely—
(a)the name and address of the landlord, and
(b)if that address is not in England and Wales, an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant.
(2)Where—
(a)a tenant of any such premises is given such a demand, but
(b)it does not contain any information required to be contained in it by virtue of subsection (1),
then (subject to subsection (3)) any part of the amount demanded which consists of a service charge (“the relevant amount”) shall be treated for all purposes as not being due from the tenant to the landlord at any time before that information is furnished by the landlord by notice given to the tenant.
(3)The relevant amount shall not be so treated in relation to any time when, by virtue of an order of any court, there is in force an appointment of a receiver or manager whose functions include the receiving of service charges from the tenant.
(4)In this section “demand” means a demand for rent or other sums payable to the landlord under the terms of the tenancy.

Many thanks

Mike



Comments

Michael Freer

8:36 AM, 12th October 2016
About 2 years ago

Mike, what is your concern about having your home address on the AST?

Even though the letting agent has found you tenants, you are still the landlord and retain full responsibility for the property so why wouldn't you want your name on any agreement with the tenants?

Sponge Bob

9:02 AM, 12th October 2016
About 2 years ago

Tenants have a right to know the landlord's address but there is nothing wrong with wanting the agent's address on the tenancy agreement so don't sign it unless they do as you require. Letting agents would not get away with extortionate fees if landlords refused to accept them. Everything is negotiable before an agreement is signed.

Hugh Jass

9:07 AM, 12th October 2016
About 2 years ago

Michael- this is why many pay agents- they take full responsibility of the management. So why would a landlord give their home address? It is not a requirement.

Mike- Insist that the agent use their business address. If they wont- get yourself a new agent.

However, if the tenant requests your home address in writing, then you must supply it.(pursuant to Section 1 of the Landlord and Tenant Act 1985)...If you dont within 21 days-0then its a criminal offence.

Mark Lynham

9:15 AM, 12th October 2016
About 2 years ago

Im a letting agent and have never used a landlords address, always my office address. Not sure any of my landlords would want their address on any of the agreements.

Michael Freer

9:16 AM, 12th October 2016
About 2 years ago

You make a good point Sponge Bob.

What happens if the agent goes out of business? Would this give the tenant latitude to delay any legal processes?

Not looking for an answer as the exact circumstances leading up to the fictional situation are unknown, simply consider the idea that the decision not to have your details may create a delay in eviction at a time that it would be most unwanted.

"If they have a right to know your address, why not have it on the agreement?" Is a question a judge may ask and effect his/her thinking during the case hearing...

Yvonne Francis

11:01 AM, 12th October 2016
About 2 years ago

Under section 48 the Landlord even when using an agent is obliged to supply an address to where their post can be sent and is regularly seen. It can even be a PO box. Failure to do so can be a criminal offense as pointed out on this site and the tenants can refuse to pay rent until the address is supplied. It also says that under section 48 the Landlords address being on the lease is a good way to supply it and if this route is not taken then another way must be carried out.

I'm a bit confused over the statement by Huge when he says 'they (the agent) take full responsibility of the management'. As a Landlord my experience is that the buck stops with me and not with any agent I may employ. I have HMO's and I'm even expected to put up my name and address in my halls ways and that is checked out by the Council. I for one prefer transparency and would prefer to kept in the loop if an agent did not come up to the mark. If a tenant contacts you over an issue you think your agent should deal with, surly you can simply refer back to them. Sorry if I sound like a landlord who keeps a dog and wants to bark himself!. But it's successfully worked for me.

Hugh Jass

11:56 AM, 12th October 2016
About 2 years ago

No, the landlord is not obliged to provide his/her address on the AST. If however the tenant requests such in writing, then the landlord legally has to provide an address.

You are correct in saying 'the buck stops with you'(as a landlord). My point was that by using an agent, the take full responsibility for the management.

Different rules apply to HMOs.

Yvonne Francis

15:27 PM, 12th October 2016
About 2 years ago

Reply to the comment left by "Hugh Jass" at "12/10/2016 - 11:56":

Hugh, if you read my posting I did not say Landlords where 'obliged' to provide his/her address on an AST. I said because of section 48 it's a good way to supply it, or at least somewhere on the lease even it's separately attached. What you are replying on is Tenants ignorance as they are not obliged to pay the rent until they receive it.

I realise HMO's may differ and notices in hallways of family homes etc. would be totally inappropriate but it was included to show how transparent some of us have to be and in my opinion good job too!

I'm glad you agree on buck stopping but if that's the case then would not transparency be a good thing and perhaps then the Landlord could look forward to a better image with the general public.

Hugh Jass

8:40 AM, 13th October 2016
About 2 years ago

Yvonne- the issue here is 'home address'. Yes, the agent would have to provide an address- an address where a tenant could communicate via- and as you said it could be a Po Box. But the original poster was asking is he's obliged to note his home address, as his agent told him. His agent is incorrect. The point is he is not obliged to do that unless the tenant requests it in writing. If then he does not, he is committing a criminal offence.

Yet another example of an agent that doesn't know the basic laws of their business. This and for many other reasons similar, I stopped using agents years ago.

Mark Lynham

9:46 AM, 13th October 2016
About 2 years ago

Reply to the comment left by "Hugh Jass" at "13/10/2016 - 08:40":

not all agents are the same Hugh.... having said that i find the lack of knowledge from the corporate estate agents who are now doing lettings pretty appauling, or certainly in my area..

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