Here are a few things you may not have known about rent:
1. Rent is payable in arrears, unless the tenancy agreement specifically says it should be paid in advance (NB I discussed the possible reason for this here)
2. Rent is due in the morning of the rent day given in the tenancy agreement (or as agreed if there is no tenancy agreement), but is not overdue until after midnight
3. If rent is paid weekly the landlord has to give the tenant a rent book. However if he does not do this, the tenant has no right to withhold rent until he does. The landlord can be prosecuted though.
4. Tenants DO have the right though, to withhold rent if their landlord has not provided (in writing) a contact address which is in England or Wales – this is under s48 of the Landlord & Tenant Act 1987. However, once the notice has been served, the rent will then become due.
5. A landlord cannot, unless the tenant agrees, increase rent just by sending the tenant a letter. He has to use one of the proper procedures. These are, basically:
- By agreement
- By a rent review clause in the tenancy agreement
- By the statutory notice procedure (for assured / assured shorthold tenancies) or
- By applying to a rent officer to increase the ‘fair rent’ (for protected tenancies)
Do you have any interesting points / facts about rent to share?
Don’t want to appear picky but I think section 47 in point four is a typo that should read section 48.
Thanks David, that has been amended now.
“Rent is due in the morning of the rent day given in the tenancy agreement […] but is not overdue until after midnight”
I have seen that in two or three places recently. I am puzzled as the two halves seem to contradict each other.
I seem to remember reading that if rent is paid in cash (weekly or monthly), the landlord should provide a rent book.
Is that correct – or just good practice?
I’ve not come across the cash provision. Probably just good practice as you say. The rent book thing is Section 4 (1) Landlord and Tenant Act 1985 and specifically states ‘weekly’
Always an odd one to my mind. Weekly tenancy, an offence not to provide a rent book, monthly tenancy? no requirement at all