Section 48 restrictions on non-English landlords

A residential landlord should be permitted to give an address for service anywhere in the United Kingdom, not just in England and Wales (Section 48 of the Landlord and Tenant Act 1987, and various places in the Commonhold and Leasehold Reform Act 2002)

Why does this idea matter?

The rules effectively say “Scottish landlords are not welcome in England”.  There is no reason for this.

The rule reqyuiring the landlord to give an address at which he can be reached is sensible, but why must it be “in England and Wales”? It means that an Englishman may rent his house out without fuss, but if in he lives in Scotland then he must pay an English agent to manage his post for him.  I can only assume that the Civil Service have something against Scots and Ulstermen to put them to extra expense.

It is now 303 years since the Union and some four hundred years since Scots were permitted to own land equally with Englishmen.  The Royal Mail provides a next day delivery service throughout the United Kingdom.  Edinburgh and Belfast are not strange foreign cities.  Yet while a man may rent a Cornish property out from his home in Northumberland, if a man of Carlisle retires a few miles away to Dumfriesshire he cannot let his old house out without employing at great expense an agent in England.

It is time to change these discriminatory rules.  Scottish investors should not be treated as Britons only by sufferance.

Leave a comment

Your email address will not be published.


*