can landlord do this

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  • can landlord do this

    Hi there the question is for a friend of mine, the landlord came to see her yesterday to say the man who collected the rent was retiring next month and would she start putting her rent in an envelope and leaving it with the lady in the flat below. She doesnt want to do this has they havent spoken for several years. She is a pensioner and at home all day isn't it the landlords duty to make arrangements to collect the rent from her personally. She is most upset about this having recently lost her husband and not in the best of health. She has lived in the property about 12 years. If anyone can help i would love to be able to put her mind at rest thankyou

  • #2
    I believe if she offered to pay by cheque or direct debit, the LL cannot refuse as he would be refusing payment of rent. I maybe wrong here but there was a post recently where Paul_F stated that if a cheque is offered and he refuses, he cannot then evict on the grounds of unpaid rent.

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    • #3
      You are probably correct dazalock. But there is a big difference between offering it, and proving you offered it in practice! I would get a little dictaphone and record a conversation where they refuse the cheque.
      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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      • #4
        I would think not!

        Check your contract to see if it makes reference as to how payment should be made.

        What's the lady downstairs going to do with it?

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        • #5
          If the landlord insists on this method of rent collection, your friend first requires written instructions from her landlord to this effect and secondly a written receipt for the rent handed to the nominated collecting tenant. As others have said, a more secure method of rent payment is preferable. The lady who has been my longest tenant insists on paying her rent in cash. She is equipped with one of my paying in books and visits the bank every month to pay her rent which she always does on the dot. The counterfoils act as her receipt. Unfortunately I cop for bank cash handling charges, but at least the system is fair on my cash paying tenants.

          P.P.
          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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          • #6
            Thanks

            THANKS for everyones advice, I am taking my friend to the bank on Monday for her to arrange a direct debit (after a bit of persuasion) to pay direct to the landlord thanks again

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            • #7
              I think (know) you mean standing order.

              Definition of Direct Debit

              A direct debit is an authority you give to your bank or building society to make regular payments from a current account at the request of, and to the account of, a specified organisation. The organisations able to make direct debits are known as originators. They must meet the approval of a major bank or building society before they are allowed access to the Direct Debit Scheme. They only have authority to collect amounts authorised by the customer and only on or after a specified and pre-notified date, which forms part of the Direct Debit Guarantee by which they are bound. (Originators tend to be utility companies, mortgage lenders, mobile phone companies - not landlords.)

              Definition of Standing Order

              A standing order is an instruction you give to your bank or building society to make payments, usually on a regular basis, to a specified customer at another bank or building society in the UK.

              HTH

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              • #8
                Congratulations. You are pedant of the week. Have a badge.

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                • #9
                  Ok knock the intelligent ones. You're the type of @rseh0le that bullies children for being brighter than the rest. Hope you're proud about giving me a bloody nose.

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                  • #10
                    Sorry. I mistook you for someone with a sense of humour. At least lawstudent can laugh at his pedantry.

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                    • #11
                      And, given his signature, why is Energise one of the few who can spell on this forum.

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                      • #12
                        I yousually remember to use the spell checker

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                        • #13
                          There are always two sides to the coin. It is always best to look at the brigher and lighter side.

                          No harm in Poppy spelling out the differences between Direct Debits and Standing Orders. It is surprising how many people do not know the difference between the two.

                          Equally, no harm in Richie P having a light hearted humour.

                          And, how do 1 yous the spelcheker on this forum? Xcuse me if this is a sily qschun

                          Ramnik
                          Private advice is available for a fee by sending a private message.

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                          • #14
                            Originally posted by Karongo

                            And, how do 1 yous the spelcheker on this forum? Xcuse me if this is a sily qschun

                            Ramnik
                            Google toolbar has a spell checker for web forms.

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                            • #15
                              Hey you two - COOL IT !!
                              Poppy, you are quite right, and I think it is useful for people to recognize the difference. However, I'm sure the bank concerned would have put the lady right.
                              RitchieP, not so fast! It pays to be pedantic where the law is concerned, e.g. you issue a possession notice one day too late, and your claim is thrown out of court. You can ignore finer points at your peril.......

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