Landlord Name and Address

Occupation Contracts

Under the Renting Homes (Wales) Act 2016 ("the Act"), providing information about the landlord (name and address of the landlord) is an essential part, carrying severe penalties for a failure comparable to failing to provide a written statement.

There are three occasions when information about the landlord must be provided using different prescribed forms:

Start of the contract
New landlord
Change of address

Start of the Contract

The landlord under an occupation contract must, before the end of 14 days from the occupation date, give the contract-holder notice of an address to which the contract-holder may send documents that are intended for the landlord (s.39(1)).

The address does not have to be in England or Wales. It can be an agent's address. It's an address where "the contract-holder may send documents that are intended for the landlord."

The prescribed form is "RHW2"; it will practically form part of the written statement.

New Landlord

Suppose there is a change in the identity of the landlord. In that case, before 14 days from when the new landlord becomes the landlord, the new landlord must give the contract-holder notice of the change in identity and an address to which the contract-holder may send documents intended for the new landlord (s.39(2)).

The address does not have to be in England or Wales. It can be an agent's address. It's an address where "the contract-holder may send documents that are intended for the landlord."

The prescribed form is "RHW3".

In addition, where the landlord's interest in a dwelling is assigned - commonly when a buyer takes over a let property - the new landlord must give written notice to the contract holder under section 3 Landlord and Tenant Act 1985 that:

an assignment has taken place, and
the new landlord's name and address.

The address is the landlord's:

Place of abode
Place of business or,
In the case of a company, its registered office.

An agent's address is not suitable for this purpose. If the address is the same as in RHW3, that form will satisfy the duty. Otherwise, an additional notice should be included with the RHW3 form.

The notice must reach the tenant:

By the next rent payment day following the assignment, or
If that day falls within two months of the assignment, no later than the end of those two months.

If the new landlord is a group of trustees, they may describe themselves collectively (for example, "the trustees of X Trust") and use the address from which the trust is administered. A subsequent change in the individual trustees does not count as a fresh assignment.

Failing to give the notice without a reasonable excuse is a criminal offence carrying a level 4 fine (currently up to £2,500).

Until the tenant receives the notice, whether from the new landlord or the outgoing one, both the old and new landlords are jointly and severally liable for any breaches of covenant that occurred before the notice arrived.

For section 3, "assignment" covers any conveyance of the landlord's interest except a mortgage or charge.

Change of Address

If the address to which the contract-holder may send documents to the landlord changes, the landlord must, within 14 days of when the address changes, give the contract-holder notice of the new address (s.39(3)).

The prescribed form is "RHW4."

The address does not have to be in England or Wales. It can be an agent's address. It's an address where "the contract-holder may send documents that are intended for the landlord."

Mistake With Landlord's Name or Address

If it is discovered that there is an error on the initial occupation contract or the RHW2 form regarding the landlord’s name or address, the legislation is unclear on the correct procedure. However, the safest approach is to reissue the RHW2 form with the correct details and, at the same time, issue the RHW3 form with the updated information. This ensures all bases are covered.

To clarify:

RHW2 is the form used at the start of the tenancy.
RHW3 is used when the "identity of the landlord changes."

It is uncertain whether a mistake in the original RHW2 counts as a change in landlord identity (our view is that it probably does not). Therefore, serving both forms ensures compliance and minimises any risk.

Location of the Address in RHW2, RHW3 and RHW4

Section 39 replaces section 48 of the Landlord and Tenant Act 1987 under the previous rules, but there's no longer a requirement for the address to be in England or Wales, and, as such, it can be anywhere in the world.

There's no requirement for the address to be a "home address"; an agent or business address is acceptable. It's an address where "the contract-holder may send documents that are intended for the landlord."

The address cannot be an email address because the term "email address" is expressly used elsewhere (e.g. deposit information), and these obligations don't use that term.

Penalties for RHW2, RHW3 and RHW4

Suppose there's a failure to give the contract holder RHW2, RHW3 or RHW4 when required. In that case, the landlord is liable to pay the contract-holder compensation of a daily rent plus interest until either the notice is given or up to two months (s.40).

Furthermore, the landlord cannot serve a section 173, 186, or landlord's break clause notice (no reason notice) or the no reason fixed-term notice for a converted contract at a time when the landlord has not provided the landlord's details (para 3, Sch. 9A).

Contract Holder's Right to Obtain the Landlord's Address

Any contract holder may, in writing, ask for the landlord's address under section 1 of the Landlord and Tenant Act 1985. The request can be served on:

The person who is demanding rent (or the last person who received it), or
Anyone else acting as the landlord's agent.

That recipient must reply within 21 days; failure to do so is a criminal offence.

The reply must state the landlord's own:

Home address,
Place of business, or
Registered office (for a company landlord).

An agent's office address is not enough - the landlord's actual address has to be supplied.

Other Tenancies

Where the tenancy is not an occupation contract, for example, a company let, all tenants are entitled to know the name and address of their landlord by way of a notice.

Duty to Inform Tenant of Assignment of Landlord's Interest

Where the landlord's interest in a dwelling is assigned - commonly when a buyer takes over a let property - the new landlord must give written notice to the tenant under section 3 Landlord and Tenant Act 1985 that:

an assignment has taken place, and
the new landlord's name and address.

The address is the landlord's:

Place of abode
Place of business or,
In the case of a company, its registered office.

An agent's address is unsuitable for this purpose, but the address does not have to be in England or Wales.

The notice must reach the tenant:

By the next rent payment day following the assignment, or
If that day falls within two months of the assignment, no later than the end of those two months.

Failing to give the notice without a reasonable excuse is a criminal offence carrying a level 4 fine (currently up to £2,500).

For section 3, "assignment" covers any conveyance of the landlord's interest except a mortgage or charge.

Address of Landlord in England or Wales

A landlord must, by notice, furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant.

The address does not have to be a home address, just an address where notices may be served upon the landlord by the tenant. An agent's address is sufficient for this purpose.

This notice is known as a 'section 48 notice' because it is required under section 48 of the Landlord and Tenant Act 1987.

The duty to supply an address in England or Wales applies to all landlords, not just a new assignment, as discussed earlier.

Commonly, the notice is provided within the written tenancy agreement, which is the easiest way to comply.

The penalty for failing to provide an address in England or Wales is that no rent is payable by the tenant at any time before the landlord complies. However, once notice has been provided, the landlord can claim all rent, including the previous rent that wasn't payable due to the failure to give the address.

Demand for Rent

Where a demand for rent is given to a tenant, the request must contain the name and address of the landlord. The address provided must be the landlord's actual address (not an agent's address), and if that address is not in England or Wales, you must also provide an address in England and Wales where notices may be served on the landlord by the tenant (which can be an agent's address).

The address supplied must be the landlord's:

Place of abode,
Place of business, or
In the case of a company, its registered office.

Service charges are not payable until the address is provided.

Tenant Request for Landlord Address

A tenant who occupies a dwelling may make a written request for the landlord's address (S.1 Landlord and Tenant Act 1985). They may request it from the following person:

Any person who demands, or the last person who received, rent payable under the tenancy, or
Any other person acting as an agent for the landlord.

The person who received the request must respond within 21 days, and it's a criminal offence to fail to respond.

The address provided must be the landlord's:

Place of abode,
Place of business, or
In the case of a company, its registered office.

The address cannot be the agent's address; it is the landlord's actual address that is required.

Last Reviewed: