Landlord want me to pay cash but to someone else

corky6c

Hi,
So I have just moved into a new place and the first months rent is due in a weeks time. For the first few weeks I have been asking my landlord for his bank account details to set up a standing order to pay the rent but he kept ignoring them and not responding. He has now gotten into contact and said that since he is currently changing can I pay the rent in cash and he won’t be the person collecting, he will send his Aunt over to collect it. I am not comfortable with this and would rather pay by bank transfer. I have voice my concerns with paying in cash and especially not to him, but he says he doesn’t want any problems with the account change especially during COVID. I have also suggested sending him a cheque by registered post to the address on the tenancy agreement as an alternative method but he has just blanked on that.

I was wondering is there anything I can do to pay the rent in a manner I feel more securely about, getting the cash out needed is not something I want to do, plus it will have to be multiple transactions as well due to limit. Also paying to someone that is not the landlord themselves is something I am more worried about as, he says he will make sure I get a receipt, but it is with someone I’ve never met and there will be a time period between me giving the money to the stranger and him receiving it where I won’t know where my money is?

Any advice would be greatly appreciate.

theartfullodger

a) Do you have an address for him? (If not no rent is due anyway).

b) What does the tenancy agreement state about how (eg cash, cheque, bank transfer) rent is paid please?  And to whom? 

I'd be inclined to simply post him a cheque each month, take scan of it.

He sounds like a cheat and a crook & a tax fiddler. 

AdrianC

Your rent is paid the instant you had it over to him or his agent. Who he chooses to use as his agent is not your problem, whether a commercial letting agent or his auntie.

You can pay it by cash to the agent, or by cheque. So just write a cheque, and give that to the aunt, if you don't want to pay in cash.

greatcrested

Is this a sole tenancy for a property? Or a joint tenancy with others? Is it an HMO? Does the landlord live at the property too? Is this England?

But whichever, I would

a) not pay in cash, unless you get a receipt stating the date, amount, address of property, and period the rent covers (eg 2/6/20- 1/7/20), signed by the landlord (not the aunt).

b) but better still, I would send a cheque made out in the LL's name and post it to the LL's address.

Note that the law states that the LL must give you, in writing, an address in England 'for serving notices' on him. This is where you send it. If you do not have such an address, the law states you need not pay rent till you receive such an address.

Landlord and Tenant Act 1987 S48

As artful says, it seems possible the LL is keeping himself at arms length perhaps to avoid paying tax on the rent, and/or because he does not have his mortgage lender's consent to let.

Who pays the council tax? What names are registered at the property on the electoral register?

csgohan4

Sounds potentially LL is avoiding tax, if you are entertaining the idea, I would want  a discount for the time wasted to get the money, some Debit cards have a limit on how much you can take out in 1 day

corky6c

theartfullodger said:

a) Do you have an address for him? (If not no rent is due anyway).

b) What does the tenancy agreement state about how (eg cash, cheque, bank transfer) rent is paid please?  And to whom? 

I'd be inclined to simply post him a cheque each month, take scan of it.

He sounds like a cheat and a crook & a tax fiddler. 

Yes, I have his address, one that is written done in the TA. In the agreement itself it says “The Rent shall be paid clear of unreasonable or unlawful deductions or set off to the Landlord by standing order or such other method as the Landlord shall require”.

This is what worries me as it state that any method of payment is acceptable so it doesn’t rule out cash?

prowla

I once rented a room in a shared house and used to pay cash; one week the landlady insisted I hadn't paid, but I had.

Her son, who collected the money, agreed with me that I had, so there was clearly a misunderstanding.

If you pay by standing order or cheque, then you have an automatic record of it and can avoid misunderstandings.

greatcrested

He cannot insist on cash whatever the contract says.

Your legal obligation is to pay the rent. If you post a cheque, then you are paying the rent. He cannot then take action for rent arrears can he?

corky6c

greatcrested said:

Is this a sole tenancy for a property? Or a joint tenancy with others? Is it an HMO? Does the landlord live at the property too? Is this England?

But whichever, I would

a) not pay in cash, unless you get a receipt stating the date, amount, address of property, and period the rent covers (eg 2/6/20- 1/7/20), signed by the landlord (not the aunt).

b) but better still, I would send a cheque made out in the LL's name and post it to the LL's address.

Note that the law states that the LL must give you, in writing, an address in England 'for serving notices' on him. This is where you send it. If you do not have such an address, the law states you need not pay rent till you receive such an address.

As artful says, it seems possible the LL is keeping himself at arms length perhaps to avoid paying tax on the rent, and/or because he does not have his mortgage lender's consent to let.

Who pays the council tax? What names are registered at the property on the electoral register?

This is in England, I live in Coventry and he lives in Guildford, which I why he is saying he can’t come up to collect it. It is just me in the property no one else. I sorted the council tax out as I’m a PhD student so I don’t have to pay it.

greatcrested

Dear Mr Landlord,

Re: 22 Acacia Drive, Coventry CV1 1AA

As I understand you are in the process of changing your bank account, please find enclosed my cheque (number 0000001) for £552. This is to cover the rent for the above property for the period 10th June 2020 to 9th July 2020.

Kindly acknowldge safe receipt.

Once your bank switch has completed, kindly let me have your new sort code and account number and I will set up a Standing Order for future rent payment.

Yours sincerely,

Corky

wilfred30

Just to add.  Make sure you keep a photocopy of your signed letter and cheque.