Is rent book required- rent paid (or payable) weekly?

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  • Is rent book required- rent paid (or payable) weekly?

    All my tenants are on AST's with a monthly rent, some have asked if they can pay their monthly rent weekly (which is fine by me) do I need to give them rent books as our agreements are monthly?

  • #2
    Rent Book

    It is a legal requirment to provide a rent book if tenants pay weekly, but not when they pay monthly.

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    • #3
      Thanks for responding Editor, I realise that if its a weekly tenancy they need a rent book, but does this still apply if the rent is due monthly but they pay it weekly or sometimes in odd bits and pieces (I have verbably agreed to accept payments weekly), and what are they meant to do with it if I do give them one? I dont ever see some of them they pay straight into a bank account.

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      • #4
        Not sure of the legal position on this but when one of my tenants asked to pay weekly or fortnightly, I agreed. I also agreed with him and confirmed in writing that while I was prepared to accept payments in this manner, the rent requirement was still monthly. I did not supply a rent book but did give him a paying in book to my bank.

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        • #5
          You only have to supply a rent book if your have contracted for rent to be paid weekly, i.e. it's a weekly tenancy as stated on the AST.

          In this instance no rent book has to be provided; if tenants couldn't manage their financial affairs sufficiently to pay rent monthly when contracted to do so would be getting little sympathy from me possibly followed by a S.21 at the earliest opportunity! How much time do they think you have to collect their small change, pay it into the bank every week, account for it in your books - c'mon, it will cost you more than it's worth !
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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          • #6
            Thanks for your response Paul, (I wasnt sure if my verbal acceptence of weekly payments had changed our contract).

            It is a 7 room HMO and as such is likely to attract financially disadvantaged tenants. with the amount of income its earning I certainly cant grumble about the amount of time it takes, but its only 6 months since I started plenty of time for the problems to begin.

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            • #7
              Rent Book & Property Repairs

              Hi all, I have two questions.

              Q. 1, I pay my rent to a private landlord via a Standing Order, am I entitled to a rent book or is this entitlement only for tenants who pay weekly?

              Q. 2, I have a lot of damp in the property for which I have informed the Landlord on several occasions verbally and once by post. It has been over a year since I first mentioned it to the Landlord, would I be within my rights to get in touch with environmental health over this without informing the Landlord as I feel I have given him enough time to get this problem fixed?

              Thanks in advance
              Alangwd

              Comment


              • #8
                Originally posted by alangwd View Post
                Hi all, I have two questions.

                Q. 1, I pay my rent to a private landlord via a Standing Order, am I entitled to a rent book or is this entitlement only for tenants who pay weekly?

                Q. 2, I have a lot of damp in the property for which I have informed the Landlord on several occasions verbally and once by post. It has been over a year since I first mentioned it to the Landlord, would I be within my rights to get in touch with environmental health over this without informing the Landlord as I feel I have given him enough time to get this problem fixed?

                Thanks in advance
                Alangwd
                Rent books are for weekly rent, your bank statement will suffice as proof of payment.

                Re damp

                Always always in writing, you are perfectly entitled to inform EH without informing the Landlord, they are obliged to inspect a property and will conduct HHSRS report (Housing Act 2004)this will cover a multitude of areas, see below for some of the things covered by the inspection.

                1. Electrical
                2. Entry by intruders
                2. Heat and excess cold
                4. Damp & Mould Growth

                Personally I would write a letter to your landlord first and tell him the problem, advise him of a reasonable time frame in which you expect the work to be done to remedy the problem (personally I would allow 14 days)

                If no action is taken within the 14 days, I would write to him again stating that you intend to ask EH to inspect the property (this time I would only allow 7 days).

                He/she should soon start to get their arse into gear

                Good luck

                Comment


                • #9
                  Thanks for the quick reply porridge.

                  I wrote to hime back in Janurary of this year asking for this matter to be resolved.

                  I will now write to him again as you say with a 14 day timeframe for the start of these repairs.

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                  • #10
                    I think firstly your landlord might investigate why you have a damp problem. If he fails to respond write again telling him that if he doesn't contact you within 7 days then you will instruct a surveyor or structural engineer to investigage and that you will deduct their fee from the rent (make sure you inform your bank to alter the standing order of you go this route).

                    Of course you can follow the suggestion of porridge as the EHO does have some clout.

                    Under S.11 of the Landlord & Tenant Act 1985 the landlord is only obliged to keep the rpoperty in a good state of repiar. If it's found that damp is due to condensdation then it's not within the remit of the landlord to remedy necessarily. Also is it's a design fault in the premises that might also not be the landlord's responsibility; they are restricted to structural faults that can be rectified.
                    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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                    • #11
                      BUT, if you do take the course of action you suggest (i.e. Environmental Health) do not be too surprised to find that your landlord issues you with a Section 21 notice to move out.

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                      • #12
                        Also if it is condensation and you are not opening windows after showers/baths and drying washing on rads with insufficient ventilation ...then dont be surprised if LL gets work done and gives YOU the bill for repairs!!!!

                        If it is penetrating or rising damp then this will be clear cut and down to LL,
                        Before you launch into this one i would check your ast carefully and consider whether this problem could be attributable to your "lifestyle" ...
                        Also to get a professional opinion a lot of damp proof companies will come and do a FREE survey Quote and report for you (but dont tell them you are a T cos they wont come cos they are looking for an order !!!)

                        Would be very interested to see how this one turns out ...let us know !

                        i have a 2 bed flat which i have had for around 7 years ..never had any damp problems at all until 2 years ago when one T managed to have 2 internal doors covered in mould a suitcase under the bed and most of 2 walls in the 2nd bedroom the carpet and even half of the bed slats on a pine bed .......all because they never opened windows and kept doors closed preventing all air flow thru flat They even covered wall vents and had all trickle vents on DG windows closed ....did a lot of cooking and dried clothes on an airer right next to door ....there was even condensation running down double glazed windows ....they were only in there for 6 months ...I couldn't believe my eyes when i went to investigate when they complained after approx 3 mths ...they ignored my advice and lost their bond de to decorating .....which was totally unnecessary had they listened !

                        Needless to say never had a problem since!

                        Take care before you dive in !

                        Simon
                        A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                        W.Churchill

                        Comment


                        • #13
                          Originally posted by Surrey View Post
                          BUT, if you do take the course of action you suggest (i.e. Environmental Health) do not be too surprised to find that your landlord issues you with a Section 21 notice to move out.
                          This is the main reason why I am concerned with bringing in EH. I have been reading up on the ACT and have found that these checks should have been conducted before I took residency and that I should have received a copy of the safety check certificates, these check have not been undertaken at any time.

                          The landlord has been made aware of these faults since I moved in (June 2005), and always says he will make it a priority to undertake the repairs and hold off repairs on his other properties until this property is repaired.

                          I have sent a letter to my Landlord but have not received a response as yet, the 14 day deadline I gave him ends Wednesday 21st November.

                          I think that if I make my landlord aware that I can by the ACT hold off part payment of my rent to have an engineer do these checks on my behalf that he may also issue me with a section 21 to move.

                          I know as a tenant I have certain rights from the Landlord for duty of care to the porperty but how far can I go with these rights before the landlord issues me with a section 21?

                          Comment


                          • #14
                            I'm afraid the only person who can answer that is your landlord! You need to weigh up how much you want to stay in the flat. If you think you can find somewhere else within 2 months (or longer if he has to go to court), then at least the LL will get his just desserts if it is his fault and EH prosecute him. If you want to stay and think the landlord would have trouble findng another tenant, then go ahead with your complaint. I'd certainly do as porridge suggests first.

                            Comment


                            • #15
                              Up date

                              My landlord sent a builder around on Tuesday evening without giving any warning he was coming. I allowed him in as I want the issues with the property resolved asap. The builder said he would inform the LL of what requires doing.

                              I was woken at around 1 am by the LL delivering a letter informing me that the builder would be coming, bit late for that as he has already visited the property.

                              I wrote back to the LL acknowledging his letter. He then tried to contact me whilst I was at work to arrange the builder and CORGI registered engineer in to the property. I have just found out that the builder informed him that he could not enter the property without my permission as the LL was just going to walk in.

                              He telephoned me last night informing me that I could get a grant from Warm Front to get the property insulated. He also informed that as I had only recently informed him that an electrical safety check needed doing this would take longer to arrange???

                              We arranged that both the builder and CORGI engineer visit the property this Saturday. He left the telephone conversation with 'We will have to have a little talk'.

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