Which rent book to use

It is a common law rule that rent to be paid in advance cannot be apportioned on a time basis, regardless of how the tenancy was ended, unless there is clear wording in the tenancy agreement that states otherwise.

This rule does not apply to assured shorthold tenancies granted on or after 1 October where the tenancy ends as a result of the service of a section 21 notice. Rent to be paid in arrears can be apportioned where the tenancy ends during a period of the tenancy. The landlord must provide the tenant with an address at which the tenant can serve notices on the landlord. If the landlord fails to do this the rent is treated as not due. The information must be provided in writing but can in any form, and setting out the address out in the tenancy agreement is sufficient.

Strictly speaking, payment should not be made by post unless the tenant is instructed to do so, and payment should be in cash. A tenant paying rent by cash should ask their landlord for a receipt of payments made in case there is a dispute. In practice, it is common for tenants to post rent cheques to their landlord, but it will be the tenant's responsibility to make good any payment if the cheque is lost in the post. A landlord can, however, refuse to accept payment by cheque.

Case law has found that where a cheque is offered in payment it amounts to a conditional payment of the amount of the cheque, which, if accepted by the landlord or their agent, operates as an actual payment from the time the cheque was delivered. Although rent is payable by cash or cheque where the landlord is in agreement , most tenants now pay their rent by setting up a standing order direct debit with their bank for payment to be made directly, on the specified day, into the landlord's bank account.

This method of payment is equivalent to cash payment and the payment is treated as having been made as soon as the money leaves the tenant's account. Where rent is payable weekly, and the payment does not include a substantial amount for meals, the landlord must provide a rent book or equivalent.

There is a distinction between the contractual periods for which rent is due and the intervals when the rent is in fact paid. Failure to provide a rent book does not excuse the tenant from paying rent. If the local authority does not have a tenancy relations officer, the tenant should be directed to a specialist adviser so that they are aware of all their options.

It is very important that the tenant considers their security of tenure and the likelihood of eviction before deciding whether to take action against the landlord. Although it is not a legal requirement for the landlord to provide a rent book for tenancies where the rent is payable less frequently than weekly, it is good practice to keep a rent book as a record of rent paid. Where the tenant fails to pay the rent, giving rise to rent arrears, landlords may be able to:.

A money judgment is an order issued by a court for one party in this case the tenant to pay a sum of money to the other party the landlord. Please ensure you provide your full name and address when making the donation. For bulk orders contact your nearest Threshold office or phone us on What information can a landlord request from me?

Paying a deposit Does my tenancy have to be registered? Should I be given a rent book or lease? What bills and charges will I have to pay? About Threshold Threshold works to prevent homelessness and campaigns for housing as a right. Connect with us:. Facebook Twitter LinkedIn. Our website uses cookies. Manage cookies Accept all cookies Necessary Cookies These cookies are necessary for the website to function and cannot be switched off.

A tenancy agreement is a legally binding contract between you and the landlord during the tenancy. The landlord should give their tenant a written tenancy agreement at the start of a new tenancy. Your tenancy agreement might give you more rights than a basic tenant's rights.

A written agreement cannot reduce your basic rights as a tenant. The tenancy agreement should include how long the tenancy will last. The tenancy period is six months if:. Depending on the length of the tenancy, the landlord must give their tenant a minimum notice to quit period.

If you leave the tenancy early without the agreement of your landlord, even with giving the required notice, you could still be liable for the rent until the end of the tenancy agreement. If you don't pay your rent, the landlord can withhold your deposit. The tenancy agreement will usually explain this. The landlord could pursue you in the Small Claims Court for the remaining rent.

If you moved into the property before 1 April , you may have a protected or statutory tenancy. This type of tenancy offers the most security against eviction and rent increases. The type of tenancy you have depends on when the tenancy started.

Tenancies which began before 1 April don't have a written agreement unless the tenancy is for a fixed term of over one year and a day. The landlord of a tenancy which began after 1 April must provide the tenant with a written statement of the tenancy terms.

All private landlords must register before letting a new tenancy. To check if a landlord or property is registered, go to:. Before you move into your home, you will probably pay a deposit to the landlord or agent.

They can use this for unpaid rent or damage to the property when you move out. Sometimes a landlord and tenant dispute the returnable amount. Since 1 April , a landlord must protect a new tenant's deposit in an approved tenancy deposit scheme. For more information on approved deposit schemes, go to:.