Section 47/48 of Housing Act

May I ask is there anything in these sections 47/48 that one should be aware that could scupper the S21 being granted on a tenant? Just trying to cover all bases. I know there is a debate about whether the address used is the agent or the landlords address for actual managed properties.

The issue was looked at for a recent section 8 case
https://www.landlordzone.co.uk/news/…tion-8-notice/

but with this case it was a issue over rent arrears and the section 8 was for possession and arrears

Am guessing if was solely a possession case like an S8 could be and an S21 always is then the sections 47/48 dont come into contention?

My understanding from s48 is that no rent is lawfully due until the tenant has been notified of an address for the service of notices. In most cases the landlord would include their address in the tenancy agreement, but where they havent, a s8 g8, 10 or 11 would fail as the rent would not be due. As you say, this is not the case with s21 and I’m not aware of any impact on its validity from a failure to notify an address. You can check here though:

i think the issue is the address of the letting agent acceptable? From what I gather from the various sites you can use another address e.g your letting agent if they manage the property etc

Section 48 Notice - Tenant's Right To Know Landlord's Address.

that is for section 48 but even with section 47 if you dig deep down it is only to do with service charges looking at case law which is even more confusing as landlords pay the service charge afaik not tenants!

Section 3 of the Landlord and Tenant Act 1985 also places a duty on the landlord to notify the tenant of their actual address. In this case, the penalty for failure is a fine, which would reduce the arrears in a s8g8 case and might cause it to fail, but has no impact on a21.

i tried reading up on section 3 seems it applies more when there is a change of ownership during a tenancy as opposed to being at the beginning of a tenancy

https://www.landlordzone.co.uk/news/latest-does-a-missing-landlord-address-invalidate-a-section-8-notice/ case law

I applies to any tenancy as far as Im aware.

reason i ask this is with a lot of managed properties by letting agents they simply dont do this

I agree. Many landlords/agents dont do it as the fine is very rarely levied.