Advantages and disadvantages of rent receipt.
Mohammed Khaleelullah
(Querist) 22 December 2010
This query is : Resolved
Dear experts,
Please offer your expert opinion on the following five queries individually.
(1) What are the advantages of issuing a receipt for rent received by the Landlord?
(2) What are the consequences to be faced by the Landlord, if receipt is not issued wantonly for rent received?
(3)What are the disadvantages to the tenant, if rent receipt is not insisted by him?
(4)What are the advantages to the tenant, if rent receipt is received by him?
(5)What are the legal remedies available to the tenant if the Landlord evades issuing rent receipt even after it is insisted?
Devajyoti Barman
(Expert) 22 December 2010
1.nothing
2. nothing
3. it would be difficult for him to prove his tenancy and benefcial to the landlord to dispute the tenancy.
4. follow 3.
5. deposit the rent in the rent controller.
Guest
(Expert) 22 December 2010
(1) It is mandatory to issue a rental receipt. It cannot be debated whether it is advantageous or not for both parties.
(2) If receipt is not issued by landlord wantonly for rent received, tenant may deny him as his landlord.
(3) If rent receipt is not insisted by tenant and no other evidence is putforth for payment of rent by both sides, he cannot be called as a tenant under legal parlance i.e., no landlord-tenant relationship is established and the tenant may be called as a trespasser and general law will be applicable to eject him from the premises.
(4) If rent receipt is received by him, the rent amount is unambiguous and the landlord cannot say that the tenant is in arrears of rent as per both sides calculation.
(5) Henceforth the tenant should pay rent only by an A/c. Payee Crossed Cheque with covering letter by RPAD and demand a Rental Receipt, if it is not issued, from next month pay it into the credit of an RCOP with the permission of the Rent Control Court.
R.Ramachandran
(Expert) 22 December 2010
Dear Mr. Gurunarayana Rao,
Thanks for very nicely giving point-wise detailed answer to the query, in a legal perspective.
Mohammed Khaleelullah
(Querist) 23 December 2010
Thanks to everybody especially to Mr.GR for taking pains to reply in detail query wise.
