PART IIN.I.OBLIGATIONS OF LANDLORDS AND TENANTS

Particulars relating to the tenancy, etc.N.I.

[F1Tenant to be provided with a rent receipt for payment in cashN.I.

5.—(1) This Article applies where the tenant of a dwelling-house makes to the landlord in cash—

(a)any payment in consideration of the grant, renewal or continuance of a private tenancy, or

(b)any payment in satisfaction (or part satisfaction) of an obligation arising under a private tenancy.

(2) The landlord must provide the tenant with a written receipt for the payment stating—

(a)the date of payment;

(b)what the payment was for;

(c)the amount paid;

(d)if any amount remains outstanding, that amount;

(e)if no further amount remains outstanding, that fact.

(3) Where a tenant pays a single sum consisting of two or more payments—

(a)the duty in paragraph (2)(c) includes a duty to state how the sum paid is apportioned between each payment, and

(b)sub-paragraphs (d) and (e) of that paragraph apply in respect of each payment.

(4) Where, in the case of any payment within paragraph (1)(b), it is not possible for the person giving the receipt to state with certainty the amount that was required to satisfy the obligation in question, sub-paragraphs (d) and (e) of paragraph (2) require the matters mentioned in them to be stated to the best of that person’s knowledge and belief.

(5) The receipt must be provided—

(a)at the time the payment is made, or

(b)if that is not possible, as soon as reasonably possible after that time.

(6) A tenant must not be required to make a payment in respect of the provision of the receipt.

(7) In the event of a failure to comply with paragraph (2) or (5), the following are guilty of an offence under this Order—

(a)the landlord, and

(b)any person appointed by the landlord to provide the receipt.

(But see Article 5ZB for a defence to this offence.)

(8) In this Article—

“landlord” includes a former landlord and (in a case falling within paragraph (1)(a)) a prospective landlord;

“tenant” includes a former tenant and (in a case falling within paragraph (1)(a)) a prospective tenant.]

Textual Amendments