Date Published 13 October 2011
Are you a Landlord that lives abroad?
I was recently contacted by a landlord who lets property in the UK but has now moved to Spain.
She was now looking at renewing the tenancy with her existing tenant but when it came to filling out the tenancy agreement she noted it stated that the address she needed to give had to be in England or Wales. Why was this?
This requirement stems from the requirements of section 48 of the Landlord & Tenant Act 1987. This states that rent is not lawfully due unless the tenant has been given in writing an address in England and Wales at which notices can be served.
If a landlord lives abroad you could use a c/o address, PO box or company address. It is also possible to use a letting agents address and in so doing remain anonymous. However, under the provisions of the Landlord & Tenant Act 1985 tenants of dwellings in England & Wales, who make a written request to an agent do have the right to the landlord's name and address. This information must be duly supplied within 21 days.
If you do not supply one of these addresses in the UK, then according to the ACT the rent will not be deemed as due, in other words, you cannot chase for any rent arrears if a UK address is not on the tenancy agreement.
So even if you buy yourself a castle in Scotland like JK Rowling that doesn't guarantee you anonymity from your tenants prying eyes!