General guidance on how rent should be paid

A lease may make express provision for rent to be paid at a certain place, however, in the absence of such a specific provision, it is the tenant's responsibility to seek out the landlord and pay him on the due date: Haldane v Johnson (1853) 8 Exch 689.

If the tenant pays rent to the wrong landlord, he will still be liable to pay the correct landlord, although, the landlord may be estopped from claiming payment if it was he who represented to the tenant to whom the rent should be paid: Williams v Bartholomew (1798) 1 Bos & P 326.

Payment is usually made by bank transfer, cheque or cash, however, it is a settled principle of law that a landlord is entitled to have his rent in cash on the due date, unless the parties have agreed expressly or impliedly upon some other method of payment, such as by cheque. Such agreement can be implied by a course of dealing, for example if a landlord has always accepted payment on the due date by cheque or by bank transfer, that will be the agreement implied (per Lord Woolf at para. 35 in Homes v Smith (2000) Lloyds Law Rep. (Banking) 139). If the landlord has not authorised expressly or impliedly payment by post (or presumably any other method not provided for in the lease) then such payment is at the tenant's own risk Pennington v Crossley and Son Ltd (1897) 13 TLR 513.

Fawcett & Pattni Solicitors is a trading name of Fawcett Pattni Limited. Registered number: 07453324. Registered office: 150-151 Lichfield Street, Walsall. WS1 1SE. Fawcett Pattni Limited is authorised and regulated by the Solicitors Regulation Authority. The list of directors may be seen at the registered office.