Section 47

Demands for payment not compliant with s47

Can Tribunal still make a determination under s27A?

Cannon v 38 Lambs Conduit LLP

[2016] UKUT 371 (LC)

Summary

The Upper Tribunal determined that the mere fact that the landlord’s demands for payment of an administration charge were not compliant with s47 of the Landlord and Tenant Act 1987 did not deprive the First- tier Tribunal (FTT) of the jurisdiction to make a determination under s.27A of the Landlord and Tenant Act 1985.

Key statutory provisions

Section 47(1) of the Landlord and Tenant Act 1987 provides (so far as is relevant) that where any written demand is given to a tenant of premises to which Part VI of that Act applies the demand must contain the landlord’s name and address.

Section 47(2) provides that where-

    (a) a tenant of any such premises is given such a demand, but (b) it does not contain any information required to be contained in it by virtue of [section 47(1)], then… any part of the amount demanded which consists of a service charge (‘the relevant amount’) shall be treated for all purposes as not being due from the tenant to the landlord at any time before that information is furnished by the landlord by notice given to the tenant.

Section 27A of the Landlord and Tenant Act 1985 provides:

    An application may be made … for a determination whether a service charge is payable and, if it is, as to- (a) the person by whom it is payable, (b) the person to whom it is payable, (c) the amount which is payable, (d) the date at or by which it is payable, and (e) the manner in which it is payable.

More detail

It had already been established by previous cases that the failure to comply with s47 did not render the demand invalid – the effect was suspensory only and the demand becomes due at such a time as the information required under s47 is furnished to the tenant. The jurisdiction conferred by s.27A of the Landlord and Tenant Act 1985 was a wide one, and the FTT must be satisfied under that section that a demand was payable, but not necessarily that it is payable immediately.

 

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