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View Full Version : Rent receipt- what format to use?



REDLIMITED
31-03-2009, 17:43 PM
Hello, first post - and its straight down to business. Has anyone/or can anyone point me to where i can view a rental receipt from say the likes of foxtons! Just want to get an idea of what to put where etc.

jeffrey
31-03-2009, 17:47 PM
Besides that, also consider s.45(2) of the Law of Property Act 1925 (esp. underlined bit, below); your receipt form ought to exclude its effect.

(2) Where land sold is held by lease (other than an under-lease), the purchaser shall assume, unless the contrary appears, that the lease was duly granted; and, on production of the receipt for the last payment due for rent under the lease before the date of actual completion of the purchase, he shall assume, unless the contrary appears, that all the covenants and provisions of the lease have been duly performed and observed up to the date of actual completion of the purchase.

REDLIMITED
31-03-2009, 18:51 PM
Besides that, also consider s.45(2) of the Law of Property Act 1925 (esp. underlined bit, below); your receipt form ought to exclude its effect.

(2) Where land sold is held by lease (other than an under-lease), the purchaser shall assume, unless the contrary appears, that the lease was duly granted; and, on production of the receipt for the last payment due for rent under the lease before the date of actual completion of the purchase, he shall assume, unless the contrary appears, that all the covenants and provisions of the lease have been duly performed and observed up to the date of actual completion of the purchase.

I'm just looking for i suppose a screen shot/copy of/a link to one of the big boys rental receipts - to get a few ideas from.

mind the gap
31-03-2009, 19:35 PM
Received from (name) the sum of (amount) for the rent for the period (dates) for the tenancy of (address).

Date:

Signed:

jeffrey
31-03-2009, 20:00 PM
Received from (name) the sum of (amount) for the rent for the period (dates) for the tenancy of (address).

Date:

Signed:
I'd add either:
a. "but the effect of s.45(2) of the Law of Property Act 1925 is excluded"; or
b. "but this is not a clear receipt, i.e. except for rent payment, you cannot implicitly assume that all leasehold/tenancy covenants/obligations have been observed and performed by the leaseholder/tenant" [the same thing as in 'a' above but in lay language and therefore much longer!]

mind the gap
31-03-2009, 21:25 PM
I'd add either:
a. "but the effect of s.45(2) of the Law of Property Act 1925 is excluded"; or
b. "but this is not a clear receipt, i.e. except for rent payment, you cannot implicitly assume that all leasehold/tenancy covenants/obligations have been observed and performed by the leaseholder/tenant" [the same thing as in 'a' above but in lay language and therefore much longer!]

No, that would just confuse my student tenants!

Anyway/Out of interest...why should a receipt for rent assume they have mown the lawn, or kept the fridge free of e-coli?

Lawcruncher
31-03-2009, 22:24 PM
(2) Where land sold is held by lease (other than an under-lease), the purchaser shall assume, unless the contrary appears, that the lease was duly granted; and, on production of the receipt for the last payment due for rent under the lease before the date of actual completion of the purchase, he shall assume, unless the contrary appears, that all the covenants and provisions of the lease have been duly performed and observed up to the date of actual completion of the purchase.

This is purely a matter of what a purchaser must assume in his dealings with the vendor and only applies in the absence of an express contrary intention in the contract - see section 45 (10). It has no bearing whatsoever on the true position.

Where a landlord has notice of a one off breach he has a choice - accept rent and waive the breach, or refuse rent and not waive the breach. He cannot accept rent without prejudice to his right to sue for the breach. Trevor M Aldridge went so far as to say that a provision in a lease that the acceptance of rent was without prejudice to the landlord's right to sue for the breach was of no effect. Persuaded by his argument, I never included such a provision in any lease I drafted in case the landlord relied on it.

mind the gap
31-03-2009, 22:34 PM
This is purely a matter of what a purchaser must assume in his dealings with the vendor and only applies in the absence of an express contrary intention in the contract - see section 45 (10). It has no bearing whatsoever on the true position.

Where a landlord has notice of a one off breach he has a choice - accept rent and waive the breach, or refuse rent and not waive the breach. He cannot accept rent without prejudice to his right to sue for the breach. Trevor M Aldridge went so far as to say that a provision in a lease that the acceptance of rent was without prejudice to the landlord's right to sue for the breach was of no effect. Persuaded by his argument, I never included such a provision in any lease I drafted in case the landlord relied on it.

Please explain this to me. Do you mean that if a LL accepts rent from a tenant and issues a receipt, aware that the tenant has broken a window or failed to unblock the drain, (for example), the LL cannot then sue the T (if necessary) for those breaches of contract?

Apologies if I have got the wrong end of the stick.

Lawcruncher
31-03-2009, 22:44 PM
Please explain this to me. Do you mean that if a LL accepts rent from a tenant and issues a receipt, aware that the tenant has broken a window or failed to unblock the drain, (for example), the LL cannot then sue the T (if necessary) for those breaches of contract

No. The breaches you refer to (wants of repair) are not one off breaches, but continuing breaches, which are not waived by acceptance of rent. An example of a one off breach is sub-letting without consent.

mind the gap
31-03-2009, 22:59 PM
No. The breaches you refer to (wants of repair) are not one off breaches, but continuing breaches, which are not waived by acceptance of rent. An example of a one off breach is sub-letting without consent.


Phew. That's alright then. Thank you.