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After 3 years tenancy landlord suddenly claiming a payment didn't arrive -my bank says it did arrive
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As long as the landlord hasn't fired them so he can sell up all is good.0
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Artemis23 said:doodling said:Hi,
I agree with others, at this point I would start a more formal process.
Firstly, have you been sending all communications to the address provided "for the serving of notices" as specified in the Tenancy Agreement, in the form specified? For example, some tenancy agreements might expect communications in writing rather than email (that is the default if other communications methods are not specified). It isn't a problem if you haven't been following the Tenancy Agreement for previous communications but if you haven't then when you write with your formal complaint then you will need to include all the evidence you have previously supplied by other means.
Write to the agency stating that it is a formal complaint and that you want them to further investigate what has happened to your money because you are certain that you have paid. State that they have 14 days to provide an acceptable response (either to admit their error or provide specific confirmation from their bank that the money has not arrived) and that after that time you will be escalating the matter to the applicable redress scheme.
Don't worry about the threat of court proceedings. They are required to provide you with the evidence they propose to use in court as part of their claim - that will either include the evidence that they have not been paid (in which case you can use it to follow up with your bank) or it won't (in which case the landlord will lose the case).
Hopefully, when the agent tells the landlord that they have to take you to court (the agent can't do on their behalf), the landlord will look at the evidence and ask the agent some probing questions.
You're lucky that you didn't get pressured into making the extra payment. If the LA goes into administration, don't know what would have happened to the money that's been paid to them but not reached the landlord.
Glad to hear that you've got some respite from the issue.0 -
simon_or said:Artemis23 said:doodling said:Hi,
I agree with others, at this point I would start a more formal process.
Firstly, have you been sending all communications to the address provided "for the serving of notices" as specified in the Tenancy Agreement, in the form specified? For example, some tenancy agreements might expect communications in writing rather than email (that is the default if other communications methods are not specified). It isn't a problem if you haven't been following the Tenancy Agreement for previous communications but if you haven't then when you write with your formal complaint then you will need to include all the evidence you have previously supplied by other means.
Write to the agency stating that it is a formal complaint and that you want them to further investigate what has happened to your money because you are certain that you have paid. State that they have 14 days to provide an acceptable response (either to admit their error or provide specific confirmation from their bank that the money has not arrived) and that after that time you will be escalating the matter to the applicable redress scheme.
Don't worry about the threat of court proceedings. They are required to provide you with the evidence they propose to use in court as part of their claim - that will either include the evidence that they have not been paid (in which case you can use it to follow up with your bank) or it won't (in which case the landlord will lose the case).
Hopefully, when the agent tells the landlord that they have to take you to court (the agent can't do on their behalf), the landlord will look at the evidence and ask the agent some probing questions.
You're lucky that you didn't get pressured into making the extra payment. If the LA goes into administration, don't know what would have happened to the money that's been paid to them but not reached the landlord.
Glad to hear that you've got some respite from the issue.Nothing is foolproof to a talented fool.1
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