After 3 years tenancy landlord suddenly claiming a payment didn't arrive -my bank says it did arrive

CSI_Yorkshire

theoretica said:

But what would you do if the agent does provide proof of funds not received?  I wouldn't happily pay up.  I think I would stick to 'I paid, here is proof, you need to chase your bank to trace the missing payment'.

Can you prove that something wasn't received?  Or is that just saying 'no proof that it was received'?

That's like the delivery companies that ask you to send photographic proof that a parcel didn't arrive.

jimbog

Send the letter by recorded delivery too

propertyrental

CSI_Yorkshire said:

theoretica said:

But what would you do if the agent does provide proof of funds not received?  I wouldn't happily pay up.  I think I would stick to 'I paid, here is proof, you need to chase your bank to trace the missing payment'.

....
That's like the delivery companies that ask you to send photographic proof that a parcel didn't arrive.

Happened to me. I sent them a photo of my front door with no parcel on it. They accepted that as proof of non-delivery.

Amazing!

Artemis23

doodling said:

Hi,

Artemis23 said:

propertyrental said:

Artemis23 said:

theartfullodger said:

i assume you mean you pay rent to  agent. Doesn't mean they are your landlord.

who/what is named as landlord on your tenancy agreement?  Agent or owner of the property?  (There are alternative positions)


Looking forward to your reply 

Best wishes. 

However, around a year ago this entire building was sold to an entirely different corporation, whose name does not appear on my tenancy agreement.  The new corporation has kept the same letting agent on as managing agents for the building. 

So the landlord listed on my tenancy agreement is no longer my landlord.  But when the sale happened I was advised to continue paying rent to the same bank account I've always paid rent to.

When the sale happened, did you receive a S3 Notice 

No they did not send me a notice.  There is a letter taped to the inside of the lift though that mentions that the building was sold and now has a new owner. 

The latter taped to the lift might constitute such a notice, even if it doesn't, whilst that isn't great, the absence of such a notice doesn't really make much difference.  That law is enforced by local councils who usually have other things to do and the enforcement wouldn't benefit you as a tenant.

If the landlord decided to sue you and your defence included the fact that they hadn't notified you that they were your new landlord then I expect that a court would be quite happy for them to service a notice as part of their case so it doesn't provide any kind of legal defence.

The only time it would be an issue is if you are planning to sue your landlord, in which case, if the letter on the lift wasn't a valid notice then you would have the option of suing both your current and your previous landlord jointly.

Today the letting agent has sent me this by email:

“We are aware of your situation however, unfortunately our bank has confirmed we never received the payment.  Your rent remains outstanding on our end and requires urgent payment as it has now been over two months.

Please confirm when payment will be made?  If you are unable to pay this in full we can consider a payment plan to pay this off in instalments.”

housebuyer143

Artemis23 said:

doodling said:

Hi,

Artemis23 said:

propertyrental said:

Artemis23 said:

theartfullodger said:

i assume you mean you pay rent to  agent. Doesn't mean they are your landlord.

who/what is named as landlord on your tenancy agreement?  Agent or owner of the property?  (There are alternative positions)


Looking forward to your reply 

Best wishes. 

However, around a year ago this entire building was sold to an entirely different corporation, whose name does not appear on my tenancy agreement.  The new corporation has kept the same letting agent on as managing agents for the building. 

So the landlord listed on my tenancy agreement is no longer my landlord.  But when the sale happened I was advised to continue paying rent to the same bank account I've always paid rent to.

When the sale happened, did you receive a S3 Notice 

No they did not send me a notice.  There is a letter taped to the inside of the lift though that mentions that the building was sold and now has a new owner. 

The latter taped to the lift might constitute such a notice, even if it doesn't, whilst that isn't great, the absence of such a notice doesn't really make much difference.  That law is enforced by local councils who usually have other things to do and the enforcement wouldn't benefit you as a tenant.

If the landlord decided to sue you and your defence included the fact that they hadn't notified you that they were your new landlord then I expect that a court would be quite happy for them to service a notice as part of their case so it doesn't provide any kind of legal defence.

The only time it would be an issue is if you are planning to sue your landlord, in which case, if the letter on the lift wasn't a valid notice then you would have the option of suing both your current and your previous landlord jointly.

Today the letting agent has sent me this by email:

“We are aware of your situation however, unfortunately our bank has confirmed we never received the payment.  Your rent remains outstanding on our end and requires urgent payment as it has now been over two months.

Please confirm when payment will be made?  If you are unable to pay this in full we can consider a payment plan to pay this off in instalments.”

Just reply and say, my bank confirms it has been received as per all the correspondence previously sent. 
I recommend you take this up with your bank directly as I am not prepared to pay rent twice for the same period.

Artemis23

housebuyer143 said:

Artemis23 said:

doodling said:

Hi,

Artemis23 said:

propertyrental said:

Artemis23 said:

theartfullodger said:

i assume you mean you pay rent to  agent. Doesn't mean they are your landlord.

who/what is named as landlord on your tenancy agreement?  Agent or owner of the property?  (There are alternative positions)


Looking forward to your reply 

Best wishes. 

However, around a year ago this entire building was sold to an entirely different corporation, whose name does not appear on my tenancy agreement.  The new corporation has kept the same letting agent on as managing agents for the building. 

So the landlord listed on my tenancy agreement is no longer my landlord.  But when the sale happened I was advised to continue paying rent to the same bank account I've always paid rent to.

When the sale happened, did you receive a S3 Notice 

No they did not send me a notice.  There is a letter taped to the inside of the lift though that mentions that the building was sold and now has a new owner. 

The latter taped to the lift might constitute such a notice, even if it doesn't, whilst that isn't great, the absence of such a notice doesn't really make much difference.  That law is enforced by local councils who usually have other things to do and the enforcement wouldn't benefit you as a tenant.

If the landlord decided to sue you and your defence included the fact that they hadn't notified you that they were your new landlord then I expect that a court would be quite happy for them to service a notice as part of their case so it doesn't provide any kind of legal defence.

The only time it would be an issue is if you are planning to sue your landlord, in which case, if the letter on the lift wasn't a valid notice then you would have the option of suing both your current and your previous landlord jointly.

Today the letting agent has sent me this by email:

“We are aware of your situation however, unfortunately our bank has confirmed we never received the payment.  Your rent remains outstanding on our end and requires urgent payment as it has now been over two months.

Please confirm when payment will be made?  If you are unable to pay this in full we can consider a payment plan to pay this off in instalments.”

Just reply and say, my bank confirms it has been received as per all the correspondence previously sent. 
I recommend you take this up with your bank directly as I am not prepared to pay rent twice for the same period.

Does their email seem a bit much to you?  Maybe I'm being a bit sensitive here but I'm finding it a bit much.  It also makes me scared as to what happens if they claim July's payment or some other subsequent payment doesn't arrive?

housebuyer143

Artemis23 said:

housebuyer143 said:

Artemis23 said:

doodling said:

Hi,

Artemis23 said:

propertyrental said:

Artemis23 said:

theartfullodger said:

i assume you mean you pay rent to  agent. Doesn't mean they are your landlord.

who/what is named as landlord on your tenancy agreement?  Agent or owner of the property?  (There are alternative positions)


Looking forward to your reply 

Best wishes. 

However, around a year ago this entire building was sold to an entirely different corporation, whose name does not appear on my tenancy agreement.  The new corporation has kept the same letting agent on as managing agents for the building. 

So the landlord listed on my tenancy agreement is no longer my landlord.  But when the sale happened I was advised to continue paying rent to the same bank account I've always paid rent to.

When the sale happened, did you receive a S3 Notice 

No they did not send me a notice.  There is a letter taped to the inside of the lift though that mentions that the building was sold and now has a new owner. 

The latter taped to the lift might constitute such a notice, even if it doesn't, whilst that isn't great, the absence of such a notice doesn't really make much difference.  That law is enforced by local councils who usually have other things to do and the enforcement wouldn't benefit you as a tenant.

If the landlord decided to sue you and your defence included the fact that they hadn't notified you that they were your new landlord then I expect that a court would be quite happy for them to service a notice as part of their case so it doesn't provide any kind of legal defence.

The only time it would be an issue is if you are planning to sue your landlord, in which case, if the letter on the lift wasn't a valid notice then you would have the option of suing both your current and your previous landlord jointly.

Today the letting agent has sent me this by email:

“We are aware of your situation however, unfortunately our bank has confirmed we never received the payment.  Your rent remains outstanding on our end and requires urgent payment as it has now been over two months.

Please confirm when payment will be made?  If you are unable to pay this in full we can consider a payment plan to pay this off in instalments.”

Just reply and say, my bank confirms it has been received as per all the correspondence previously sent. 
I recommend you take this up with your bank directly as I am not prepared to pay rent twice for the same period.

Does their email seem a bit much to you?  Maybe I'm being a bit sensitive here but I'm finding it a bit much.  It also makes me scared as to what happens if they claim July's payment or some other subsequent payment doesn't arrive?

Don't take it personally, their job is to chase arrears so they try to sound firm. 
I would state that to them as well, explaining you are concerned if one payment has been lost what stops another going astray. Explain that your bank has told you they have received it so you therefore deem the rent paid and there is nothing further you can do. If they continue to chase explain that you will be raising a formal complaint. 

eddddy

Artemis23 said:

Today the letting agent has sent me this by email:

“We are aware of your situation however, unfortunately our bank has confirmed we never received the payment.  Your rent remains outstanding on our end and requires urgent payment as it has now been over two months.

Please confirm when payment will be made?  If you are unable to pay this in full we can consider a payment plan to pay this off in instalments.”

To me, that sounds like it could be a wishy-washy "we can't be bothered to investigate" answer... (because they are used to tenants lying to them about rent payments)...


In your position, I would try to pin them down on some hard facts, like:

• Please confirm that you have seen the letter from my bank confirming that payment reached your account

• Please confirm that you have passed a copy of that letter to your bank - and yet they are still saying that payment didn't arrive

• Please forward me a copy of the written confirmation from your bank - stating that payment did not arrive in your account

• I suggest that you raise a formal complaint with your bank over this matter, and be prepared to escalate your complaint to the Financial Ombudsman Service

• Once you provide me with a copy of the written confirmation from your bank, I will make a formal complaint to my bank, and I will be prepared to escalate it to the Financial Ombudsman

• Please let me know when you have raised the formal complaint with your bank, and keep me informed of progress. I will do likewise.

• Unfortunately, as you are probably aware, formal complaints and complaints to the Financial Ombudsman can take some weeks to be resolved

simon_or

With all respect, don't waste your time by continuing to discuss this informally. Submit a formal written (email) complaint with all the evidence, add the bit about them harassing you about this inspite of providing evidence, mention that you will take it to the Ombudsman, and if they continue to argue the same, at the end of 8 weeks escalate it to the TPO.

If it gets to the TPO they will look at all the evidence and (based on what you've said) almost certainly rule in your favour.

Artemis23

simon_or said:

With all respect, don't waste your time by continuing to discuss this informally. Submit a formal written (email) complaint with all the evidence, add the bit about them harassing you about this inspite of providing evidence, mention that you will take it to the Ombudsman, and if they continue to argue the same, at the end of 8 weeks escalate it to the TPO.

If it gets to the TPO they will look at all the evidence and (based on what you've said) almost certainly rule in your favour.

Thanks.  What is the TPO?