Today we focus on Prempeh v Lakhany [2020] EWCA Civ 1422, a case where the Court of Appeal held that a notice seeking possession under section 8 of the Housing Act 1988, does not have to give the Landlord's name and address, provided that it states the agent's name and address.

The issue was whether a section 8 notice on rent arrears grounds, in this instance grounds 8, 10 and 11, is a 'demand for rent' for the purposes of section 47 Landlord and Tenant Act 1987.

Section 47 of the Landlord and Tenant Act 1987

Under Section 47 of the Landlord and Tenant Act 1987 any written demand for rent or other sums payable to the Landlord under the tenancy, must contain an address for the Landlord and not that of the agent.

47. Landlord’s name and address to be contained in demands for rent etc.

(1) Where any written demand is given to a tenant of premises to which this Part applies, the demand must contain the following information, namely—

(a) the name and address of the landlord, and

(b) if that address is not in England and Wales, an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant.

Facts of the case

In December 2016 the Landlord let the property to the Tenant and O'Sullivan Property Consultants Ltd were stated to be the contact address. The Tenant alleges that in December 2017 O'Sullivan Property Consultants Ltd granted her a further tenancy. In April 2019 the Landlord's solicitors served the Tenant with a notice seeking possession under section 8 of the Housing Act 1988 which relied upon grounds 8, 10 and 11. The notice was signed by the solicitors, and gave their name, address and telephone number. It did not refer to the Landlord by name or give her address.

In May 2019 the Landlord commenced possession proceedings. At the first hearing in July 2019, the Landlord was granted a possession order. The Tenant appealed to the Circuit Judge on the grounds that the hearing had not been procedurally fair, and that the notice was in breach of section 47 of the Landlord and Tenant Act 1987 because it did not give the Landlord's name and address. At the appeal hearing, the Tenant also argued that the notice was in breach of section 8 because it failed to state the Landlord's name and address and this was required on the prescribed form.

The Judge allowed the appeal on the procedural fairness ground, dismissed the section 47 ground and formed no real view on the section 8 point.

The Tenant appealed to the Court of Appeal on two points.

1. She argued that the notice was a demand for rent within the scope of section 47 and was of no effect because it failed to state the Landlord's name and address;

2. She argued that it was a breach of section 8 for the same reason.

Notice seeking possession under section 8 of the Housing Act 1988 - The prescribed form

The prescribed form does not require the Landlord's name and address, stating at paragraph 6:

6. Name and address of landlord/licensor*.

To be signed and dated by the landlord or licensor or the landlord's or licensor's agent (someone acting for the landlord or licensor) If there are joint landlords each landlord or the agent must sign unless one signs on behalf of the rest with their agreement

The Appeal

The Court of Appeal dismissed the appeal on both points.

Although it was agreed by the Landlord that the notice was in breach of section 47, the Court held that it was not a demand for rent and therefore the section did not apply.

In relation to point 2, the Landlord accepted that if she was in breach of section 8, the notice was of no effect, and she had to apply to dispense with service of the notice. She argued that it was not necessary to include the Landlord's name and address in a section 8 notice. The Court of Appeal agreed. It was held that it is not necessary to give the Landlord's name and address, provided that the agent's name and address are given.

Final thoughts

The purpose of a section 8 notice is to provide the Tenant with information on the Landlord's proposed course of action and is not a demand for rent. It therefore makes sense that there should be no requirement to comply with s.47.

However, our view is that it is best to err on the side of caution to avoid the potential argument. The above case shows the importance of stating in the section 8 notice BOTH the Landlord’s name and address and the name and address of the person signing/serving the notice. Although this case was decided in the Landlord’s favour, it is a cautionary tale of the delays and costs involved, if there are uncertainties over the validity of the notice.

For more information, please contact Susan Fox, Senior Litigation Executive, on 01435 897297 or susan.fox@kdllaw.com

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