The purpose of a Section 8 notice has historically been unclear. This month, Anna Pettinger explains how a legal precedent has now been set, enabling it to finally be defined…
My tenants are claiming the Section 8 notice served on them by my managing agent is invalid, as it did not contain my address. How do I know if it was completed correctly?
There have been numerous disputes about whether a Section 8 notice should be classed as a ‘demand for rent’ under the Landlord and Tenant Act, rather than a claim for possession.
According to Section 47 of the legislation, a demand for rent must contain the name and address of the landlord, or if you do not live in England or Wales, an address at which notice can be served on the you by the tenant.
If your address is not detailed on a demand for rent, any arrears will be regarded as not being due, until this requisite information is provided.
Some experts regard the Section 8 notice as a ‘pay me your arrears or I will take you to court’ warning, but given the Landlord and Tenant Act’s unwieldly language, its purpose is somewhat unclear. This has given tenants the opportunity to defend – and defeat – possession claims, which is arguably extremely unfair on landlords.
The definition was debated at great length in the recent case of Prempeh vs Lakhany. The tenant defended the possession claim, on the basis the notice did not contain the landlord’s name and address and argued the rent was, therefore, not due.
Eventually, the Court of Appeal decided a Section 8 is not a ‘demand for rent’ but simply a means of notifying the tenant that you intend to issue court proceedings and if arrears remain outstanding at the date of the hearing, you will ask for possession.
Given this recent test case, I would say it is sufficient for your Section 8 notice to be signed by the agent, as long as its name and address is provided. The absence of your details should not invalidate the notice.
If you would like help or advice about serving a Section 8 notice, don’t hesitate to contact me. Email: anna.pettinger@tayloremmet.co.uk
0 Comments