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?