is my landlord required, by law to give me a receipt for rent payments?

Question

My landlord refused to give me a rent book or set up a direct debit mandate for rent payments. He returned two cheques I sent him. I sent him a solicitors letter stating that I wished to pay the rent and he would be put in funds when I received a rent book. He didn;t reply and then started possession proceedings to evict me on the grounds of rent arrears. I decided to leave the property as I couldn't be bothered going to court etc. He is now pursuing me through the courts for the rent arrears. Can't afford any legal representation. Can he do this? Could I contest on the grounds of estoppel? HELP!!!!!

Answer 1

The answer (assuming you are in the UK) is as follows;

Colin M is correct as regadrs the mandatory requirement of a rent book. The court will look very askance at his claim without this.
Was there a judgement in his favour on the posession proceedings? Did you get sent a copy? Has he judgement already for the arrears?
If so, if you do not apply to set judgement for the arrears aside, you're going to have to pay.
Otehrwise, you must apply to set it aside. I do not wish to be the bearer of bad tidings, but if some time has elapsed since judgement, your prospects are slim (to say the least).

If he is - on the other hand - starting a separate action for rent arrears, you may have a defence on the grounds of estoppel by conduct or espoppel by representation - that is, his returning your rent cheques (if you can prove it).
You may also have a defence on the grounds of tender. You tendered the payment by cheque and he refused it.
He can't then sue for the sums in the court because his loss stems not from your default but from his own refusal to accept payment.
Hope this helps, but you really need some legal advice from someone who has all the facts - try the CAB if broke

Answer 2

Ok here you have several questions... Lets begin with the first one.

1. is my landlord required, by law to give me a receipt for rent payments? Yes. We call it Proof of purchase or in your case proof of payment. I was just wondering. Do you file taxes at the end of the year? How are you able to properly file taxes with the IRS without receipts to prove what you claim. How else would you prove you live there and that your not a squatter. It should be customary of you to always request a receipt as a proof of purchase. Not only should your landlord give you a receipt, but HE SHOULD ALSO GIVE YOU A CHECK! Which most people don't know. You ask why? Well if you moved into your apartment and paid a security deposit which in many cases is twice the amount of the rent. That money is technically yours and the landlord is required by Law to pay you interest on that money at the end of each year.

2. He is now pursuing me through the courts for the rent arrears. Can't afford any legal representation. Can he do this? Yes he can and he is. Why did he turn the 2 checks? It will also put a serious mark on your credit report if you don't win your case and don't pay him. In New York many landlords check your credit and one of the things they look for is if you have been taken to court by other landlords for non-payment of rent. To beat this part of your case is simple. Just prove you paid him or come up with a good excuse why you didn't and show the Judge that his money is available when he completes his part of the contract if you had one.

3. Could I contest on the grounds of estoppel? You may have had a fight before you left the apartment. However once you left you religuished your rights and may have broken the Law (Contract / Lease Agreement) which makes his case that much stronger. It appears as through you were running from paying him. He was entitled to a 30 day notice before you moved out. Regardless of the situation. As far as you not having enough money for an attorney the courts will provide you with one its your right.

Now your questions were answered to the best of my ability, However I live in New York and the Laws where you live may differ slightly. In any event I don't care where I am North Pole, South Pole, Japan or China I ask for a receipt.

You can find more information regarding these topics at the following links. http://www.oag.state.ny.us/realestate/guide_intro.html

Answer 3

By law, as a tenant, you must be given the following information:-


if you have a weekly tenancy (not a fixed term or monthly tenure), your landlord must provide a rent book or similar document. Your landlord commits a criminal offence if they fail to do so
if you do not know the name of your landlord, you can make a written request to the person who receives the rent for the full name and address of your landlord. The agent must supply you with this information in writing within 21 days, after which they commit an offence

For more information about finding out who your landlord is, see Common problems with tenancies. In Scotland, see Problems with tenancies.


in England and Wales if the tenancy is an assured shorthold which was created on or after 28 February 1997, your landlord must provide basic written terms of the agreement within 28 days of you requesting this in writing.

He is in the wrong.
Make an appointment at your local CAB or Welfare Rights. They will represent you most of the time for free.

I hope you get this sorted. xx

Answer 4

In Florida, a landlord can refuse a cash payment. There are other ways you can pay including money order - not to mention personal check. In fact, my brother tells me that a lot of rental agreements specifically state that they will not accept cash as payment for rent. I would guess this is due to money laundering and/or fake money passed around.

Answer 5

If you have a weekly tenancy (not a fixed term or monthly tenure), your landlord must provide a rent book or similar document. Your landlord commits a criminal offence if they fail to do so.

Proprietary Estoppel is a specialist doctrine within land law. You MUST seek professional advice if you intend to rely on it.

Start with the CAB.

Good luck.

Answer 6

Go back to the solicitors who drafted the original letter for you. If you can't afford to use them they should at least be able to produce you with a copy of the letter. If you still have the cheques that would be useful too. You should be entitled to legal aid. If not go to citizens advice. Also raise this issue with the local council. They might be able to help you.
You haven't refused this man payment, he refused to accept it. You have every right to demand a receipt of payment for any financial transaction, also a contract for terms and conditions of the lease. The whole thing smells.
Good luck, hold your ground.

Answer 7

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Answer 8

yes, he is required to provide a rent book/log. the only reason that i can think of that he wasn't excepting cheques or giving a log book, was because he was getting some sort of income support, or something and they would stop it because he was getting an income, and would have to pay loads of money back, and council taxes and that sort of thing. (check and ooks would have left a paper trail of the money). i would take him to court as he will lose, you have more then enough evidence that you tried to open up a payment system, there will be logs at the solicitors.

Answer 9

LOUISE . not so longAGO MY CHILDREN WERE IN THE SAME POSITION , AND I TOOK THE LANDLORD TO THE TRIBUNAL . now as the law states , depending what state you are in in australia , the law as to the state i am in , is that if you hand any money over to your landlord , for lets say rent he must give you a recite , on on the recite he must put down exactly as what the recite is for , now you say you have gotton out of the house , question you will be asked at the tribunal is did you sign any contract with this person , or with any house agent that would be handing his affairs , , if you go to a house agent they must stamp , or give you a recite that the money you have payed them is for rent , as they are agents for the landlord , .Now if you signed a contract lets say for 1 year , then he cannot up the rent in that year , and when you report any damage that has been done to the house , or dwellings you are living in then by law he must have it fixed , for you , , now what i surgest you do loise is go to your nearest citizen advise bruero and ask them to guide you , or go to the rent tribrunal , and ask their , this is all free , if you are going to uni , then go and see the union of the uni and they will help you take your case on , if this is not enoth , the pick up a book in centralink ? rent tribunal , or the C.A.B , the book is called know your rights on the rent laws , now louise , do not leave it , because i think they is a time limite for you to appeal against the landlord , , and when you go to any of the places i have mentioned , take with you , the contract that you signed , when you took over the rented place , good luck to you

Answer 10

It depends on where you live whether or not he is violation and it depends on what is stated in your lease.He could sue you for all of the rent that is owed for the duration of the lease since you broke the lease when you left the property.My landlord never gives me a receipt,so I pay him with money orders so that I have my own proof that the rent is paid and for what month.Check with your local city hall.They can answer any of your questions free of charge and anonymously.