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Does the Landlord need to use their private residential address on N5b form

Started by scakings, March 26, 2019, 09:13:39 PM

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scakings

Hi

Help please - I have to fill in a N5b form and need to know if I have to use my residential address on the form.  I have rented via a letting agent and used my work address for correspondence which also appeared on the tenant's contract.

I want to use my work address also on the form ...is this allowed as I do not want the tenant's to receive my private address due to threatening behaviour from their family

theangrylandlord

Sorry this one is not going to have a clear answer as there is no strict guidance

There are two places in the N5b for the landlord address.
On page 1 and at page 6 for correspondence: “Claimant’s or claimant’s legal representative’s address to which documents should be sent if different from that on the front”
Clearly regarding the latter the purpose of the address on the form is for communication from the court to you regarding the notice itself and doesn’t require either the address on the Tenancy Agreement or the Landlords actual residence.

However for the first page I can easily see a judge querying it.
Because there is a recent case in which the judge stated the requirement under s47 Landlord and Tenant Act 1987 was not to give the tenant information as to where the notices can be served, but to confirm the identity of the landlord.. the landlords residential address.

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.

Any written demand for rent or service charges by the landlord  must include the landlord's name and residential address and if that address is not in England and Wales, an address within England and Wales is required, so notices can be served.

Whilst you are not making a demand per se, it could be argued (although I personally doubt it) unless you provided your actual address, pursuant to Section 47 of the Act, any proceedings should fail.

There is nothing in the guidance notes.
You could infer therefore that the page 1 address this takes its lead from s47 of the Act (identity) and not s48 (place of service).
Or perhaps you could infer that the page 6 contemplates a solicitor being involved and so correspondence related to the N5b could go somewhere other than to the landlord and so page 1 of the N5b could be that of the Landlord’s place of service.

So not clear....

If you put your actual address then I imagine that it doesn’t match the Tenancy agreement?
It needn’t but I have heard judges query it. 
You might be better off matching the Tenancy agreement for page 1 of the N5b so long as it is really clear that you are the Landlord and not the company... if that looks confusing then you will be in a bit of bother and at risk of invalid claim.

Sorry not to be 100% on this but this type of thing is not widely reported or covered.

One other option is to try and call the court - but I doubt very much they will tell you what to do.

Best of luck

scakings

Thankyou for your detailed reply.  My workplace address is what is on the tenancy agreement and it is a School.  I have just had the tenant's father phoning work making threatening and malicious allegations against me.  I've phoned the police .... but I am scarred to have my residential address on the form as I am certain there will be problems.