Q&A - Service Charge Demands 

The managing agent says it does not have to provide the name and address of the landlord or freeholder as the Service Charge money goes to the management company and not the landlord or freeholder.

I thought that under Section 47 of Landlord & Tenant Act 1987 any written demands must bear the name and address of the landlord.

Please can you tell me who is right?

ANSWER

If the “management company” is a Right to Manage company which is fulfilling the landlord’s functions pursuant to the Commonhold and Leasehold Reform Act 2002, it will be sufficient for the demands to give the name and address of the RTM company.  However, in all other cases, for instance where a management company is a third party to the lease and carries out management functions, but the landlord is a separate entity, usually receiving only ground rent, then Section 47 of the 1987 Act does require that the landlord’s address be provided.  An address c./o the managing agents is not sufficient.  Curiously, even though the service charge is actually payable to the management company, there seems to be no equivalent requirement to provide that company’s details.  The position can be remedied by the service of a fresh notice containing the required details.

John Stephenson, Senior Partner at Bircham Dyson Bell