s.48 - no service address given: rent arrears

[99sc1610]

Hello

 

A friend of mine is living with friends who have not been keeping up with rent payments. Having examined the contract I have found the landlord has not provided a service address in England or Wales. I am correct in thinking the rent is not actually owing due to this?

 

Can all tenants stop paying immediately? What would happen if the landlord then provides an address.....can they then claim past rent?

[Planner]

So theres no service address whatsoever in uk in the contract for either the landlord or someone he has nominated to be his agent?

[99sc1610]

There is a service address for Scotland - however the act specifically states 'england and wales'

[Planner]

Then you should have an address in England/Wales.

 

However, its not that the rent isnt owed, obviously it is owed as they are living there, its just not payable until you are furnished with an England/Wales address, at which point the rent (including the portion not paid because of lack of address) then becomes due.

 

The address thing is a shortlived stop gap. Why the rent isnt being paid and how it can be paid is really what needs to be addressed.

[99sc1610]

thanks for your reply

 

the rent is being paid but not in full. I understand a 1/5 share (£340) is not being paid due to the agents having contractual problems with a tenant who decided not to move in after a number of issues with the property (put the moving in date back by one month with no notice). The agents then chased the others for his share. Furthermore, the house is in a poor state of repair and the landlord will not rectify the problems.

 

what would happen if no valid address is provided before the end of the tenancy? Would the landlord then be able to claim for arrears?