Letter from New Landlord (Section 3 and Section 48)

This Letter from New Landlord (Section 3 and Section 48) is for use when tenanted property changes ownership to a new landlord who is required to provide their details to the existing tenant. 

Section 3 Notice

Section 3 of the Landlord and Tenant Act 1985 places a legal obligation on a new landlord to notify the current tenant of the change in ownership. They are required to inform the tenant in writing of the change in ownership and of their full name and address no later than the next day on which rent is payable under the tenancy, or if that is within two months of the assignment, by the end of the two month period.  This must be done regardless of whether the outgoing landlord has informed the tenants of the transfer. 

Failure to serve this notice can result in the landlord being fined up to £2,500. Additionally, both the outgoing and incoming landlords can be held jointly and severally liable for breaches under the tenancy agreement. 

Section 48 notice

Under section 48 of the Landlord and Tenant Act 1987, landlords must provide tenants with an address where notices can be served. This must be an address in England and Wales.  Although section 48 details are commonly included in tenancy agreements, a new notice should be served in the following situations:

• there is a change of landlord;
• the landlords service address changes; or
• the tenant formally requests so

Failure to comply will result in the landlord being unable to enforce rent, rent arrears, or service charges. Tenants can withhold rent until a valid rent notice is provided. 

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

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