Bank Avoiding Duty of Care on Lost Payments

robatwork

HanburyHelm said:

Spoke to the tenant, (single parent, Eastern European) they were shocked too as they say they have been making monthly payments all the time from their bank.

She would say that. 

Odds are 9:1 she's pulling your chain
1:9 the money has been paid into Occam's account.

saajan_12

Given the correct bank details were used, its exceedingly unlikely that its the bank specifically throwing this payment into the ether, when all other payments to you (eg other from other rentals) and all other payments from the tenant (eg to other services which do check their statements) are going through fine. So its either 

1) You gave wrong details --> your fault, correct them and write off the past rent; or
2) Tenant entered wrong details --> tenant's fault initially, but arguably also yours for not checking and allowing the tenant to 'detrimentally rely' on the payments going through. 

Similarly if for a big purchase you did a £1 test payment, the receiver (incorrectly) said it came through, and relying on that, you paid your life savings to the same details. In this case the T may be able to argue they relied on you never mentioning no rent, otherwise they wouldn't have gone on paying the wrong details.. debatable..