The Section 3 Notice: A Guide for Landlords and Tenants

The Section 3 Notice, part of the Landlord and Tenant Act 1985, is a key piece of UK property law for every landlord and tenant. This notice, which is required when property ownership changes, ensures transparency and fairness in the landlord-tenant relationship.

In this article, we'll break down the details of the Section 3 Notice, including its purpose, how it's applied, and the rights and responsibilities it outlines for both landlords and tenants.

Article updated: July 2026

Whether you're a landlord managing multiple properties or a tenant wanting to understand your rights, this guide provides a comprehensive look at the Section 3 Notice and its practical implications.

Introduction to the Landlord and Tenant Act 1985

The Landlord and Tenant Act 1985 is a significant piece of legislation in the United Kingdom that governs the legal relationship between landlords and tenants. The Act outlines the rights and responsibilities of both parties, ensuring a balanced and fair relationship.

It covers various aspects of tenancy, including the terms of leases, service charges, repairs, and insurance, among others. One of the critical components of this Act is the Section 3 Notice, which plays a vital role in maintaining transparency in landlord-tenant relationships.

An Explanation of the Section 3 Notice

A Section 3 Notice, as defined in the Landlord and Tenant Act 1985, is a legal requirement for a new landlord to inform the tenant of their identity following a change in property ownership. This notice must be served 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.

The notice must include the new landlord's name and address, and if the new landlord is a group of trustees, a collective description of the trustees may be given. The purpose of this notice is to ensure that the tenant is aware of the change in the landlord's interest and knows who to contact regarding the property.

Rights and Responsibilities

The new landlord is legally obliged to serve the Section 3 Notice to the tenant. Failure to do so without a reasonable excuse is considered a summary offence and can lead to a fine.

On the other hand, the tenant has the right to receive the Section 3 Notice. This notice ensures that the tenant is aware of the change in landlord and has the correct contact information for the new landlord. The tenant also has the right to take legal action if the new landlord fails to serve the Section 3 Notice within the stipulated time.

The Section 3 Notice is an important part of the Landlord and Tenant Act 1985. It ensures transparency and maintains the balance of rights and responsibilities in landlord-tenant relationships.

Practical Applications

Section 3 Notice comes into play in various scenarios, primarily when there is a change in the landlord's interest in the property. This could occur due to several reasons, such as the landlord selling the property, transferring it to a new owner, or the property being inherited. In all these cases, the new landlord is legally required to serve a Section 3 Notice to the tenant. Legal duties like this come with owning a rental, and our guide on whether buy-to-let is worth it sets the rules and costs against the rent.

The process of issuing a Section 3 Notice is straightforward. The new landlord must provide their name and address to the tenant in writing. The notice can be delivered directly to the tenant or left at the property. The notice must be served by the next day rent is due under the tenancy. If that rent day comes within two months of the transfer, the deadline is the end of those two months instead.

The Section 3 Notice: Details

Source: Landlord and Tenant Act 1985, Section 3

• The law requires a new landlord to inform the tenant in writing when the landlord's interest in a tenancy, which includes a dwelling, is transferred or assigned.
• This written notice must include details about the change in ownership and the new landlord's name and address.
• The new landlord must provide this notice by the next day when rent is due or within two months of the ownership transfer, whichever is later.
• If the new landlord is a group of trustees, they can use a collective description (e.g., "the trustees of XYZ trust") as the landlord's name in the notice.
• The address where the trust's affairs are managed can be given as the new landlord's address in the notice.
• A change in the trustees of the trust does not count as a change in the landlord's interest and does not require a new notice.
• A new landlord who fails to give the required notice without a reasonable excuse commits a summary offence, which is a criminal offence dealt with in the magistrates' court. The fine can be up to £2,500, which is level 4 on the standard scale.
• The previous landlord remains liable for any breach of covenant, condition, or agreement under the tenancy until the end of the relevant period. This period starts from the date of the ownership transfer and ends when the written notice of the transfer and the new landlord's name and address is given to the tenant by either the new or old landlord.
• If the new landlord is also liable to the tenant for any such breach occurring within that period, both the new and old landlord shall be jointly and severally liable in respect of it.

FAQ

Why a Section 3 Notice Matters

A Section 3 Notice matters because it tells the tenant who the new landlord is and where to contact them when the property is sold or passes to a new landlord. It matters to the old landlord too. They stay liable for any breach of the tenancy terms until the tenant has been told in writing about the change and the new landlord's name and address. By adhering to the requirements of the Section 3 Notice, landlords and tenants can maintain a fair and balanced relationship.

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