Property Law uk

Maintained by Gary Webber

Rent books

Section 4(1) of the Landlord and Tenant Act 1985 provides 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.
Failure to do so is an offence. The words in consideration of a rent payable weekly mean payable as a matter of obligation under the tenancy agreement (Crane J, para 2).
    A clear distinction has to be drawn between the basis on which the rent is calculated and the periods at which the rent will, in fact, fall to be payable. In addition of course, there may be differences between the periods at which the rent becomes payable, as a matter of obligation, and the periods at which the rent is, in fact, paid (para 10).
The mere fact that on some occasions the rent is paid, say, fortnightly (or housing benefit four-weekly) does not necessarily mean that as a matter of obligation, the rent ceased to be payable weekly. There may have been reasons why the landlord was prepared to accept fortnightly payments and why the local authority found it convenient to pay every four weeks. (para 11).

R (on the application of Dewa) v Marylebone Magistrates Court [2004] EWHC 1022 (Admin).

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