Tenant's right to information about a landlord's identity

The landlord of premises must provide an address in England and Wales at which the tenant can serve notices on the landlord. If the landlord does not comply with this requirement the rent, or service charge, is to be treated as not due. The High Court has dismissed bankruptcy proceedings against a tenant because the landlord had failed to provide the required details.[1]

Once the landlord provides the address any unpaid rent, or services charges, become payable.[2] Tenants are advised to keep the money aside so that they can pay all that is due when the landlord complies with the requirement.

There is no specific format for complying with this requirement, and it is met if the required details are provided in the tenancy agreement, rent book or notice of possession.[3]

Any written demands for the payment of rent or any other sums due under the tenancy, such as service charges, must contain the name and address of the landlord. This requirement cannot be met by giving the address of an agent. The landlord's name and address must be provided regardless of where in the world that address is, but if it is not in England and Wales an address in England or Wales where the tenant can serve notices must also be provided (this can be the address of an agent).[4]

If the landlord does not comply with this requirement any service charges claimed from the tenant are not due.[5] Once the landlord complies any unpaid services charges become payable.

The tenant can make a written request for the landlord's name and address from the:

• landlord's agent

• person who demands, or last received, the rent

This information must be provided in writing within 21 days.[6] Address means the landlord's place of residence or place of business or, in the case of a company, its registered office.

If the landlord is a company, the tenant can make a written request for the names and addresses of the company's directors and the company secretary. The request can be made to the:

• landlord (the company)

• landlord's agent

• person who demands, or last received, the rent

This information must be provided in writing within 21 days of the written request.[7]

There is a penalty for a failure, without reasonable excuse, to provide the information as set out above. The landlord, agent or rent collector, as appropriate, can be prosecuted by the local authority and a fine of up to £2,500 can be imposed in the magistrates court.[8]

If there is a change of landlord during the tenancy, the new landlord must give notice of the assignment to the tenant either:[9]

• within two months after the transfer of interest in the property

• no later then the next day that rent is payable, where this is more than two months after the transfer

There is no specified prescribed form for the notice of assignment, but the notice must be in writing and provide:

• date of the conveyance (transfer of ownership of the property)

• name and address of the new owner/landlord

If this is not complied with, the old landlord remains liable for any breach of the tenancy agreement until either they or the new landlord provides the tenant with the new landlord's name and address.

If the new landlord does not comply, they commit a criminal offence. They can be prosecuted by the local authority and be fined by the magistrates court.