Issues with changing monthly to weekly rent payments?

Issues with changing monthly to weekly rent payments?

13:19 PM, 21st January 2016, About 9 years ago 18

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I have a tenant who is terrible at paying his rent. He does pay, eventually, but is bad with money management and has now asked to pay his rent weekly as that is how he is paid.weekly

I do not have a problem with doing this, but wonder how this affects my tenancy agreement and the deposit protection? Is this something I can just do, or do I need to make changes?

Thanks everyone

Zoe


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Mandy Thomson

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8:17 AM, 25th January 2016, About 9 years ago

Reply to the comment left by "zoe " at "25/01/2016 - 02:23":

Hi Zoe

The Act appears to be silent on this, which leaves it open to interpretation. However, as the substance of the Act is to assist vulnerable people who are much more likely to be digitally excluded, I would play safe and issue a hard copy.

Perhaps Ian Narbeth could clarify this?

Ian Narbeth

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12:43 PM, 25th January 2016, About 9 years ago

The Act came in before the internet and emails. The obvious interpretation is a physical book. If Parliament wants to change the law to bring it into the 21st century it can do so. Until then do things the old-fashioned way.

Even if a court ultimately decided that an electronic document counted as a rent book you don't want to be the landlord spending £10,000 to get the legal answer. Moreover as you will be fighting a possible criminal charge you risk your reputation and perhaps your business because you have tried to help out an impecunious tenant,

zoe

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12:59 PM, 25th January 2016, About 9 years ago

Reply to the comment left by "Ian Narbeth" at "25/01/2016 - 12:43":

Thanks Ian. How will this work for me; I am an abroad landlord. The tenants pay rent directly to me. My mother manages my properties, but really won't want to visit the tenant each week to sign the rent book. How do other people manage this?

Romain Garcin

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13:56 PM, 25th January 2016, About 9 years ago

I would interpret the law a little bit differently.

It just requires 'a document', not a hard copy. So, IMHO, it does not prevent electronic versions, similarly to any requirement for something to be 'in writing'.
Since a document is just a "piece of written matter", an electronic version should in principle do.

Perhaps best to have the tenant agree to receive such documents in electronic form (since you now have to do that anyway about the 'How to rent' guide).

Now, since the rent book can just be a single A4 sheet of paper it might not be worth risking any argument.

Ian Narbeth

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14:21 PM, 25th January 2016, About 9 years ago

Reply to the comment left by "Romain Garcin" at "25/01/2016 - 13:56":

Hi Romain
I hope you are correct but as the Government uses a sledgehammer to crack a nut and imposes criminal penalties, why risk it? I don't envy the first landlord who has to go to court to establish that a document in electronic form is sufficient.

Mandy Thomson

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15:20 PM, 25th January 2016, About 9 years ago

I was recently advised by a barrister that even a text message could be accepted as a written document provided it's clear about what it relates to; but I think it depends on the judge...

Paul Franklin

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11:04 AM, 1st September 2016, About 8 years ago

Sorry to jump on an old post here, but what do we think about rent books for resident landlords? Is there still a requirement to provide one if rent is charged weekly? The 1985 Act (s.4(1)) fairly simply states that "Where a tenant has a right to occupy premises as a residence in consideration of a rent payable weekly, the landlord shall provide a rent book or other similar document for use in respect of the premises."
I cannot see anywhere that excluded occupiers/licensees/lodgers are excluded from this requirement?

Romain Garcin

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13:57 PM, 1st September 2016, About 8 years ago

Reply to the comment left by "Paul Franklin" at "01/09/2016 - 11:04":

The definition of 'tenant' given in s.4(3) is:

"“tenant” includes a statutory tenant and a person having a contractual right to occupy the premises"

A lodger is a person "having a contractual right to occupy the premises" so I would think that the requirement applies.

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