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

tbs624

OP - have you had formal notification from the LL that your rent is to be paid to the LA rather than to him?

If yes and you now have the bank details you need for a SO to be set up you are presumably in a position to organise an immediate rent payment to that account via direct transfer and then sort out your negotiations on possible change of payment date afterwards?

Just as it is the LLs responsibility to tell you where you are to pay the rent to, it is your responsibility to ensure that you are able to pay on the date agreed. Can't your OH be contacted at work/transfer the money via online banking?

You knew you didn't have the details last week so surely could have put a contingency plan in place or pursued the LA/LL again?

propertyman

Were you given a Notice under the Landlord and Tenant Act 1987 s 47 and 48 ( it identifies the landlord and his address in E & W ) at any time. If not then irrespective of the tenancy the rent can be witheld.

However at this stage I suspect you just want this resolved. I suggest you and your husband write along these lines.

We are very concerned over the property not being available for occupation on the 28th and that since then you have failed to answer our questions, address the issue of rent, or provide us with a copy of the signed tenancy document, nor correct details of the rent payee ( not to mnetion deposit protection or inventories).

We therefore require
1: written confirmation of your authority to collect rent from the landlord as until now we understood that you would not be involved in rent collection or management

2; written confirmation from the landlord that we are to pay rent to you as the agent

3: Correct payee details for the bank

4: that the rent for 28-10 to 27-11 will be paid on receipt of 1 2 3& 5 by card ( c'mon be the good guy) less (4 ?)days/ or rent will from December be due on the 2nd of each month

5: Supply by Friday ( the documents above)

Goodluck

Okydoky25

tbs624 wrote: »

OP - have you had formal notification from the LL that your rent is to be paid to the LA rather than to him?

If yes and you now have the bank details you need for a SO to be set up you are presumably in a position to organise an immediate rent payment to that account via direct transfer and then sort out your negotiations on possible change of payment date afterwards?

Just as it is the LLs responsibility to tell you where you are to pay the rent to, it is your responsibility to ensure that you are able to pay on the date agreed. Can't your OH be contacted at work/transfer the money via online banking?

You knew you didn't have the details last week so surely could have put a contingency plan in place or pursued the LA/LL again?

No I have had no contact from the Landlord at all to confirm this but I have just emailed the EA again asking for this and stating if they can email me a copy I will arrange payment. If this isn't available I'm unsure what to do as I don't have any bank details for the landlord.

I will send another letter to the landlord tomorrow stating I have chased this information. Wonder if I should include a cheque or just ask again for bank details?

Okydoky25

THANKYOU propertyman I will use that with my letter tomorrow.

I do just want this resolved I'm not being petty tho find it hard not to get angry with the way the Landlord & EA have dealt (or not dealt) with my issues and requests. I feel this could and should have been resolved weeks ago.

Fire_Fox

Okydoky25 wrote: »

No I have had no contact from the Landlord at all to confirm this but I have just emailed the EA again asking for this and stating if they can email me a copy I will arrange payment. If this isn't available I'm unsure what to do as I don't have any bank details for the landlord.

I will send another letter to the landlord tomorrow stating I have chased this information. Wonder if I should include a cheque or just ask again for bank details?

E-mailing is not working, try a different method of communication. Write to the landlord at the address at which to service notices and/ or the letting agent as per Propertyman's post. Send the letters recorded delivery OR two copies from different Post Offices getting proof of posting. Personal cheque will take days to clear, IMO a banker's draft would be better since you are already late.

propertyman

Adding a cheque is a good idea but it does undermine your "who do I pay" question.

Okydoky25

Fire_Fox wrote: »

E-mailing is not working, try a different method of communication. Write to the landlord at the address at which to service notices and/ or the letting agent as per Propertyman's post. Send the letters recorded delivery OR two copies from different Post Offices getting proof of posting. Personal cheque will take days to clear, IMO a banker's draft would be better since you are already late.

I have been sending letters via post as I only have an address no email/phone details for the Landlord. So far I have sent two letters 14 days apart and copies sent to the EA. I have proof of posting and they went from dif PO as well. Tomorrows I will send recorded.

Propertyman. Do you not think a cheque shows willing? I'm not trying to withhold rent I just don't want to pay the EA if they are not authorised. As far as I'm concerned until the EA proves otherwise I should pay the LL. it can always be cancelled and payment made to the EA if has what the LL confirms...if they ever confirm!

Fire_Fox

Okydoky25 wrote: »

I have been sending letters via post as I only have an address no email/phone details for the Landlord. So far I have sent two letters 14 days apart and copies sent to the EA. I have proof of posting and they went from dif PO as well. Tomorrows I will send recorded.

Propertyman. Do you not think a cheque shows willing? I'm not trying to withhold rent I just don't want to pay the EA if they are not authorised. As far as I'm concerned until the EA proves otherwise I should pay the LL. it can always be cancelled and payment made to the EA if has what the LL confirms...if they ever confirm!

Excellent! :T

propertyman

Okydoky25 wrote: »

Propertyman. Do you not think a cheque shows willing? I'm not trying to withhold rent I just don't want to pay the EA if they are not authorised. As far as I'm concerned until the EA proves otherwise I should pay the LL. it can always be cancelled and payment made to the EA if has what the LL confirms...if they ever confirm!

It does show willing yes. If the agent is nearby I'd pop down and deliver by hand. If you do want the landlords name and address the EA, having demanded rent must provide it.

Landlord and Tenant Act 1985

1. DISCLOSURE OF LANDLORD’S IDENTITY

(1) If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—
(a) any person who demands, or the last person who received, rent payable under the tenancy, or any other person for the time being acting as agent for the landlord, in relation to the tenancy,
that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.
(2) A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
(3) In this section and section 2—
(a) "tenant" includes a statutory tenant; and (b) "landlord" means the immediate landlord.

Okydoky25

I've had a snotty Email back from the EA saying I am not getting a copy of the Letter of Agreement as it s confidential and that I need to take their word for it...their words are "we are not ripping of your landlord".

Any idea what I do now. Is this Email ok to accept as confirmation? I really don't understand why the Landlord STILL has not made any response to me or the EA by the sounds of it, doesn't he want paying?!