What is Section 48 of the Landlord and Tenant ACT?

48Notification by landlord of address for service of notices. E+W. (1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

What does Section 48 mean?

What is Section 48? Section 48 of the Landlord and Tenant Act 1987 states that landlords of residential tenancies in England and Wales must provide their tenants with an address, which must be in England & Wales, to which the tenants can send notices and be sure that they will be received.

What is Section 47 and 48?

The purpose of a s. 47 notice is to inform the leaseholder of the freeholder's identity by providing its name and address. A s. 48 notice has the sole purpose of stating an address in England & Wales where the leaseholder can serve notices on the freeholder.

What is a Section 3 and 48 notice?

You should issue section 3 and section 48 notices

The 'new' landlord is obliged under Landlord and Tenant Act 1985, section 3 to inform their tenant in writing that the old landlord's interest has been assigned. You should give this notice no later than: The next rent due date; or. Two months after the assignment.

What triggers a section 47?

When Children's Services, or the police, receive information that a child might have suffered significant harm, or is likely to suffer significant harm, they have a statutory duty to investigate this information. Section 47 enquires can be led by either Children's Services or the police, or by both working together.

Are you compliant with Section 47

Is Section 48 an eviction notice?

Section 48 notice

In order to serve an eviction notice, landlords must provide the correct legal documents for tenants. Section 48 assures that tenants are provided with an address to serve notices on the landlord.

How do I overcome Section 48?

You can apply for one of the visas that are exempted from the section 48 bar. You can appeal the refusal or cancellation of your visa in the Administrative Appeals Tribunal. You can go offshore and apply for a new visa.

What is the difference between Section 48 and 49?

If you are on remand in prison or in an Immigration Removal Centre, you can be sent to hospital for treatment under section 48. Usually the Ministry of Justice will add special restrictions to your transfer under section 49. This is known as a section 48/49.

Who would receive a section 48 49?

If you're on remand in prison or in an immigration detention centre and are experiencing mental disorder you can be transferred to hospital. This can be done under section 48/49 of the Mental Health Act 1983.

What is Section 48 of Transfer of property Act?

—Where a person purports to create by transfer at different times rights in or over the same immoveable property, and such rights cannot all exist or be exercised to their full extent together, each later created right shall, in the absence of a special contract or reservation binding the earlier transferees, be ...

Can Section 48 be waived?

Can Section 48 Bar be waived? If you intend to apply for one of the above visas you will require a Migration Agent to waive Section 48 in order to apply for the relevant visa. Our Migration Agent Hanh Ho can help you obtain a waiver and process your next application.

How long does Section 48 bar last?

NSW: If your visa application is affected by a s48 bar, meaning you must be offshore to lodge a new visa application, NSW will re-nominate you once you are able to travel overseas. This will provide a further 60 days to submit your visa application to the Department of Home Affairs.

What is a Section 48 with social services?

48 Powers to assist in discovery of children who may be in need of emergency protection.

What is s48 barred applicants?

The section 48 Bar is the nickname given to a specific law found in the Migration Act. This law says that if you have a visa application refused while in Australia, you are not (in most cases) allowed to apply for another visa until you have first left the country.

Can a landlord evict you without a court order 2022?

Just because your landlord owns your home does not mean they can evict you without following the correct legal procedures. If they do not follow them, they may be breaking the law. As a tenant you're entitled to the correct written notice.

How much notice must a landlord give a tenant?

The landlord can charge the tenant a fee for ending the tenancy early but this can only be for actual and reasonable costs, like the cost to re-advertise the property. - for some fixed-term tenancies, 63 days' notice will be required from the landlord, and for other situations, 90 days' notice will be required.

How much notice does a landlord have to give for eviction?

They don't have to give you any reasons why they want to evict you. They have to give you at least 28 days notice, but this could be longer depending on your agreement. If you don't leave by the time your notice ends, your landlord has to go to court to get a court order to make you leave.

What are social services not allowed to do?

What Social Services Cannot Do. Social services cannot remove your child from your home without an order by the court, your consent, or a Police Protection Order. Additionally, social services cannot decide what will happen to your child or place your child in permanent foster care without a court's decision.

Can you refuse to deal with social services?

Yes – if you refuse a needs assessment then the local authority is not under a duty to assess you. But there are some exceptions. You can't refuse a needs assessment if: you lack the capacity to refuse, and the local authority believes that it's in your best interests to have an assessment.

Can you say no to social services?

You have every right to refuse any social service people admission to your home. They would have to go away and get police assistance + court order (they would have to provide enough evidence to a judge it was an emergency, that your kids were at risk).

Can I apply for another visa after protection visa refusal?

set out in the Migration Regulations. If, since you last entered Australia, you have applied for a protection visa (or prior to 1 September 1994 refugee status and/or a related entry permit) and have been refused, you cannot make a further application for a protection visa while in Australia.

What is Section 48 bar bridging visa B?

If you have had a visa refusal or cancellation and you are currently in Australia as a bridging visa holder (or you do not hold any visa and you are currently unlawful), then Section 48 bars you from lodging a further visa application while you are in Australia.

Can I apply for a partner visa with a s48 bar?

s48 Bar - Can I Make An Application For A Partner Visa

Remember in most cases this bar does not apply to partner visa applicants. If you are s48 barred you may still be eligible to make an application for a subclass 820/801 Partner visa.

What grounds of inadmissibility can be waived?

Evidence to support a waiver of inadmissibility due to physical or mental disorder and associated harmful behavior (if applicable). Evidence to support waiver for immigration fraud or misrepresentation (if applicable).

Does visa refusal affect future visa application?

No. If your application was refused, applying again with the same information, even with an immigration or travel agent, will not change this decision.