T claims that paid rent in cash- whose burden of proof?

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    T claims that paid rent in cash- whose burden of proof?

    Hi,

    Noob landlord here so do be gentle.

    I issued my tenant a section 21 as he is now on a periodic tenancy.

    He is now nearly two months in rent arrears and I wrote to him asking what provisions he is making to pay his overdue rent.

    He wrote back saying that he paid his last months rent in cash (he didn't, and he normally pays by standing order).

    How should I respond to this letter. If it gets to the section 8 route (he was already late with rent when I issued the section 21). He is hoping (i think) to get accomodation from the local council, which I think he wont get if he dosnt pay his rent.

    Any help would be much apprieciated. Would a judge accept his word that he paid in cash?

    #2
    You could ask him to present the receipt you would have given him had he paid cash.
    I also post as Moderator2 when moderating

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      #3
      Originally posted by big j View Post
      I issued my tenant a section 21 as he is now on a periodic tenancy.
      s.21 can be served in fixed term of tenancy as well as periodic.

      Originally posted by big j View Post
      How should I respond to this letter. If it gets to the section 8 route (he was already late with rent when I issued the section 21). He is hoping (i think) to get accomodation from the local council, which I think he wont get if he dosnt pay his rent.
      ...Would a judge accept his word that he paid in cash?
      Send notice of rental arrears letters with a rental statement (e.g. Date Due, Rent Due, Rent Paid, Balance Due) every 4 weeks to tenant. Also, if tenant paid by SO, you should have bank statements as proof of payments made and missed.

      If tenant paid by cash, then he would only be able to prove this if he had a rent book or receipt.

      Keep copies of all correspondence (including letters and statements), as this can be used if proceeding down s.8 route.
      The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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        #4
        could do, but would a judge request a receipt or take the tenants word that he paid it?

        Comment


          #5
          Originally posted by tom999 View Post

          Send notice of rental arrears letters with a rental statement (e.g. Date Due, Rent Due, Rent Paid, Balance Due) every 4 weeks to tenant. Also, if tenant paid by SO, you should have bank statements as proof of payments made and missed.

          If tenant paid by cash, then he would only be able to prove this if he had a rent book or receipt.

          Keep copies of all correspondence (including letters and statements), as this can be used if proceeding down s.8 route.
          Hi Tom, yes, i do have bank statement to back this up - thanks, what would a judge say if it goes that far?

          Comment


            #6
            Originally posted by big j View Post
            Hi Tom, yes, i do have bank statement to back this up - thanks, what would a judge say if it goes that far?
            Q. If a LL had written proof of rental arrears & tenant has no proof of payments, who is judge likely to believe, based on the physical evidence presented to him?

            A. LL of course...

            Note: If serving s.8, its important to make sure property has no outstanding maintenance issues.
            The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

            Comment


              #7
              Originally posted by tom999 View Post

              Note: If serving s.8, its important to make sure property has no outstanding maintenance issues.
              What sort of maintenance issues? - I havn't been made aware by the tenant that there are any.

              Also, am I right that I can't have a section 8 and section 11 court procedure happening at the same time? If the section 8 failed for whatever reason, could i still use the section 11?

              thanks again tom.

              Comment


                #8
                Originally posted by big j View Post
                What sort of maintenance issues? - I havn't been made aware by the tenant that there are any.
                When issuing a section 8 for rent arrears ensure that:
                1. Property is not in poor condition or that there have been times when you haven't carried out repairs requested by tenant (or else tenant may use this as a defence or counterclaim), and
                2. You have complied with section 48 of the Landlord and Tenant Act by giving an address in England or Wales for the service of documents on the landlord (otherwise rent will not be lawfully due).

                Originally posted by big j View Post
                Also, am I right that I can't have a section 8 and section 11 court procedure happening at the same time? If the section 8 failed for whatever reason, could i still use the section 11?
                Think you mean section 21. You can serve both. If serving section 8 and rent paid monthly, LL may only gain mandatory possession (ground 8) if 2 months rent is owed.

                For more info. on serving notices, read the info. in the 'Agreements' link in the top left of this page.
                The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                Comment


                  #9
                  Originally posted by tom999 View Post
                  [*]Property is not in poor condition or that there have been times when you haven't carried out repairs requested by tenant (or else tenant may use this as a defence or counterclaim)
                  so a tenant can claim he isnt paying rent because the repairs havnt been carried out? I have a letter saying he has paid his rent though so he can't have an issue with repairs? can he?

                  Originally posted by tom999 View Post
                  Think you mean section 21. You can serve both. If serving section 8 and rent paid monthly, LL may only gain mandatory possession (ground 8) if 2 months rent is owed.

                  For more info. on serving notices, read the info. in the 'Agreements' link in the top left of this page.
                  yes, i do mean secton 21, its been a long day. thanks again tom

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