Told to pay by Debit Card for rent not Direct Debit?

tbs624

Fire_Fox wrote: »

Once you are eight weeks in arrears (in law when you are ONE DAY late with the second month's payment) the landlord can serve you with a section 8 notice.......

Agree with Fire Fox but just a clarification that, for a S8, G8 Notice, if rent is paid monthly it's "2 months" rather than "8 weeks" and it's "unpaid", rather than "in arrears":)

propertyman

I wasn't implying that you didn't have the money , just suggesting 2 ways to get the agent to stop pestering you today

I did read the post for the reasons behind it, however my earlier post highlights the issue. If you signed the tenancy for the 28th then it is in force, I am afraid.

The fact that it was not habitable until the 2nd is then only relevant in two ways;

1: if you signed an agreement starting on the 2nd or if not

2: that assuming the first months rent had been paid prior to the 28th, that 3 or 4 days rent be reduced from the next payment.

If it is signed for the 28th, then as said, the landlord is under no obligation to consider altering the rent day.

I understand your point about standing order payments and it being their mistake.

Are you therefore trying to use this as leverage to get a new rent date of the 2nd otherwise surely you just reduce the current payment, by card by x days for the 28th to the 2nd?

Surely that solves the problem....even if not moving for 4 days really put you out.

Fire_Fox

Okydoky25 wrote: »

The reason the Standing order is not in place is because the EA gave me the wrong bank details when we moved in. I have spent 4 weeks chasing new details. Up until 10am this morning and only after I emailed them AGAIN. Did they respond telling me to call and pay by Card. My Tenancy Agreement states I should pay by Standing order (unless specifically stated otherwise by the Landlord) and I don't believe that telling me today is acceptable and was told by the EA not the Landlord. Also this whole contract is signed with the Landlord as managing the property but this changed the day after we got the keys hence the original Standing order being cancelled. So we have no agreement to pay the EA and still no details to pay the Landlord.

I have read and understood the thread thank you. Sorry but the shenanigans are a red herring, you have known for days that the rent was due yesterday and that the standing order was not going to be set up in time. As several of us have told you you are contractually obligated to pay the rent and the funds must be cleared in the landlord/ agent's account by rent day. How you make that happen is up to you, saying your husband is at work would not stand up in court. You do not need bank details to pay in cash, bankers draft or by personal cheque.

Fire_Fox

tbs624 wrote: »

Agree with Fire Fox but just a clarification that, for a S8, G8 Notice, if rent is paid monthly it's "2 months" rather than "8 weeks" and it's "unpaid", rather than "in arrears":)

Thanks for the correction. Where have I got eight weeks from?? Is my blonde, chronically sleep deprived pea brain getting muddled with the amount of arrears required for the section 8 court order for eviction? Or have I conjured up that number? :rotfl:

Okydoky25

Firefox: Based on all I have said so far how on earth was I supposed to pay if I have had all attempts to have bank details confirmed to me ignored for the last month. I am still now unclear who I should pay as my agreement is with the Landlord. The EA was not going to be managing the property originally. If I pay the Estate agent via the phone what happens if the landlord calls tomorrow asking where his rent is?

Fire_Fox

Okydoky25 wrote: »

Firefox: Based on all I have said so far how on earth was I supposed to pay if I have had all attempts to have bank details confirmed to me ignored for the last month. I am still now unclear who I should pay as my agreement is with the Landlord. The EA was not going to be managing the property originally. If I pay the Estate agent via the phone what happens if the landlord calls tomorrow asking where his rent is?

Tenancy agreements are generally with the landlord, even if the letting agent signs on their behalf. Default to paying the landlord if you are unsure - as already stated you could do this by cash, banker's draft or personal cheque (although you are too late for the latter to clear). At the very least you should have ensured you had the ability to access money/ make a payment today.

If you don't think you should be paying the agent I don't understand why you have spent a month chasing the agent for the bank details, it makes more sense to deal with the landlord. What address is on your AST for the serving of notices on the landlord? Use that.

tbs624

Fire_Fox wrote: »

Thanks for the correction. Where have I got eight weeks from?? Is my blonde, chronically sleep deprived pea brain getting muddled with the amount of arrears required for the section 8 court order for eviction? Or have I conjured up that number? :rotfl:

Maybe the 8 weeks where those in receipt of LHA are concerned, after which LL can seek direct payment?

propertyman

Okydoky25 wrote: »

The EA was not going to be managing the property originally. If I pay the Estate agent via the phone what happens if the landlord calls tomorrow asking where his rent is?

Ok fair point. It wasn't mentioned earlier- you ask the Agent to have the landlord confirm to you that they are collecting the rent on their behalf as when you took the letting, they were not managing it.

It's commonly known as a letter of authority, or they can email you a copy of their terms of engagement to manage.

Okydoky25

I have also been chasing the Landlord but this is via letters only as I have no telephone or email details for them.

As stated the agreement says I must pay by Standing order to the Landlord not the EA and I still have no way of doing this as I have no bank details what so ever for him.

I don't even have a signed copy of the agreement as this still hasn't been sent to me either all I have is the Tenant Information Pack which states the above.

I also have an incorrect addendum from the EA asking for rent on the 27th which I didn't return signed as it should state the 28th. I sent this back two weeks ago asking for it to be amended and again asking for a Standing Order mandate or bank details for which I had no response.

Fire_Fox

tbs624 wrote: »

Maybe the 8 weeks where those in receipt of LHA are concerned, after which LL can seek direct payment?

Right Act, wrong part!

"Notice served during fixed term (Housing Act 1988)
Section 8 Notice

The landlord may be able to terminate an Assured Shorthold Tenancy Agreement during the fixed term if the tenant has failed to pay rent or has breached any other terms of the Tenancy Agreement. The landlord must rely on certain grounds set out in Schedule 2 to the Housing Act 1988, which are listed below.

The landlord cannot evict the tenant without obtaining an order for possession issued by a court and before applying to the court for such an order, the landlord must serve a Section 8 Possession Notice on the tenant. The notice states that the landlord intends to seek possession of the property and states the ground or grounds on which possession is sought.

Ground 8 - At the date of service of the notice and at the date of the hearing, the tenant has not paid the rent, and either rent is payable weekly or fortnightly and at least eight weeks' rent is unpaid; or rent is payable monthly and at least two months' rent is unpaid; or rent is payable quarterly and at least one quarter's rent is more than three months in arrears."
http://www.nwleics.gov.uk/faq/my_landlord_is_trying_to_evict_me