4. Property management
4.3 Tenancy management
You must levy rents and other charges and manage the property in accordance with the law and the clauses of the relevant tenancy agreement.
You must include the landlord’s name and address on any written rent demand. Until such information is provided, rent is deemed not to be lawfully due from the tenant. If that address is not in England or Wales then you must notify the tenant of an address in England and Wales to which notices may be served.
You must give the tenant the landlord’s name and address within 21 days of any written request. If the landlord is a company and the tenant requests more information after receiving the name and address of the landlord, the name and address of the directors and the secretary of the company must also be given to the tenant within 21 days of that request.
You should communicate promptly with the tenant, and any client as appropriate, on any important issues or obligations relating to the use and occupation of the property, including material breaches of the tenancy agreement that you become aware of.
You should respond promptly to reasonable written requests from tenants for and, where appropriate, consents required under the tenancy agreement should be granted promptly. Where applicable under the terms of the tenancy when an application is refused, reasons should be given. Unless authorised by the tenancy or lease or, in the case of certain transactions accepted by the courts (e.g. subletting), you should not charge the tenant for considering an application or granting permission.
Providing the landlord’s address
The need to provide the landlords address in England & Wales is set out in s48 of the Landlord & Tenant Act 1987 as is the need for rent demands to include the landlord’s address.
The right of a tenant to be told the name and address of his landlord after making written enquiry of the agent is set out in s1 of the Landlord & Tenant Act 1985.
I explain how these laws works and tenants rights under them in this post on the Landlord Law blog here.
Requests for permission under the tenancy agreement
As regards the request for permissions under the terms of the tenancy agreement – most prohibitions clauses will be invalid unless they include wording along the lines of
save with the written permission of the landlord (which will not be refused or delayed without good reason).
So if you delay in responding this may mean that the tenants request will be deemed granted.
If the clause does not include this wording then it may be void under the Unfair Terms in Consumer Contracts Regulations and unenforceable against the tenant. So he will not need permission.