Duty to inform tenant of assignment - LTA 1985 s. 3
New landlord must notify tenant in writing by next rent day or within 2 months. Failure is a summary offence. Old landlord liable until notice given.
If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months. If trustees consititute the new landlord, a collective description of the trustes as the trustees of the trust in question may be given as the name of the landlord, and where such a collective description is given— the address of the new landlord may be given as the address from which the affairs of the trust are conducted, and a change in the persons who are for the time being the trustees of the trust shall not be treated as an assignment of the interest of the landlord. A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale. The person who was the landlord under the tenancy immediately before the assignment (“ the old landlord ”) shall be liable to the tenant in respect of any breach of any covenant, condition or agreement under the tenancy occurring before the end of the relevant period in like manner as if the interest assigned were still vested in him; and where the new landlord is also liable to the tenant in respect of any such breach occurring within that period, he and the old landlord shall be jointly and severally liable in respect of it. In subsection (3A) “ the relevant period ” means the period beginning with the date of the assignment and ending with the date when— notice in writing of the assignment, and of the new landlord’s name and address, is given to the tenant by the new landlord (whether in accordance with subsection (1) or not), or notice in writing of the assignment, and of the new landlord’s name and last-known address, is given to the tenant by the old landlord, whichever happens first. In this section— “ tenancy ” includes a statutory tenancy, and references to the assignment of the landlord’s interest include any conveyance other than a mortgage or charge.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
When a landlord sells or transfers their interest in a property that includes a dwelling, the new landlord must tell the tenant in writing. The notice must include the new landlord's name and address. It must be given by the next rent due date, or if that is within two months of the transfer, then within two months.
If the new landlord is a group of trustees, they can use a collective name like 'the trustees of the XYZ trust'. In that case, the address can be where the trust is run, and a change in trustees does not count as a new assignment.
Failure to give this notice without a reasonable excuse is a criminal offence. The old landlord remains responsible for any breaches of the tenancy agreement that happen before the tenant gets the notice. Once the tenant receives notice from either the old or new landlord, the old landlord's liability ends.
When it applies
- The new landlord fails to notify the tenant of the assignment within the required time.
- The tenant is unsure who to contact for repairs because the landlord changed.
- The old landlord continues to receive rent because the tenant hasn't been notified.
- The new landlord is a group of trustees and uses a collective name.
- The tenant receives a notice from the old landlord about the assignment before the new landlord gives notice.
What this section does not say
- This provision does not govern the validity of the assignment itself.
- It does not cover the tenant's right to withhold rent.
- It does not require the landlord to provide information about the property condition or service charges.
- It does not deal with disputes between landlords about the assignment.
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This page reproduces the text of LTA 1985 s. 3 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.