Rent by Standing Order - can landlord force this issue?

liz545

GarethK wrote: »

In the future i am going to have the SO coming out 3 days before the due date or just get a landlord that understands how the banking system works.

Gareth

Hi Gareth,

I think you're going to have to have the SO leave your account 3-4 days before the rent due date. The landlord has the right to expect the cleared funds in their account on that date; so while your previous LL may have been happy to receive the cheque on the rent due date (and it would presumably clear 4 days later) they're within their rights to expect you to get the money to them by that date. Their mortgage may well leave their account on/soon after the due date so it's really not that unreasonable a request and if they felt inclined they would also be entitled to reclaim penalties, fees, charges and interest. I'm sorry this isn't what you want to hear, but it's how it works

wifeforlife

Having just spoken to my landlord about this issue, this is his thoughts, and something I share.

A cheque is legal tender and as such is acceptable on the due date of rent money, regardless of how long the l/l's bank takes to "clear" the funds.

Cate

GarethK

liz545 wrote: »

Hi Gareth,

I think you're going to have to have the SO leave your account 3-4 days before the rent due date. The landlord has the right to expect the cleared funds in their account on that date; so while your previous LL may have been happy to receive the cheque on the rent due date (and it would presumably clear 4 days later) they're within their rights to expect you to get the money to them by that date. Their mortgage may well leave their account on/soon after the due date so it's really not that unreasonable a request and if they felt inclined they would also be entitled to reclaim penalties, fees, charges and interest. I'm sorry this isn't what you want to hear, but it's how it works

I wasnt aware it was a problem until 6 months down the line, if the LL had communicated with me on the matter then i would have had no problem sorting it out, apart from the fact my wages are paid on the last working day on the month, therein is the problem! Maybe i made the assumption it was ok having heard nothing from her, if i was short i could have borrowed the money from my parents for example but it wasnt even suggested.

The key as ever is communication! It wasnt my fault that she may have incurred charges for late payments and overdrafts, she insisted that i *could* set up a direct debit but this is not possible on a personal basis, i was advised this by the bank when i set up the standing order.

Gareth

GarethK

cathy2702 wrote: »

Having just spoken to my landlord about this issue, this is his thoughts, and something I share.

A cheque is legal tender and as such is acceptable on the due date of rent money, regardless of how long the l/l's bank takes to "clear" the funds.

Cate

My thoughts also, or maybe you have an understanding landlord! Anyway, the money always came out of my account on the 1st, she was aware a standing order was in place for this, but didnt understand it wasnt an instant transfer like a direct debit.

Technically if i wrote a cheque or set up a SO without enough available funds, that would be fraudulant.

Either way i've got to move out with my 8 months pregnant wife and cause additional stress which i suppose, i could claim for

clutton_2

"" It wasnt my fault that she may have incurred charges for late payments and overdrafts"" -

of course its not your fault

if your LL is so short of funds that she cannot subsidise her mortgage for a few days - she will sooner or later be up the creeek. methinks you are better off without her.

jojo2004

Thanks for all your replies - whilst all of you who criticised me for the three late payments in the last 18 months are of course correct, it wasn't what I was asking, but I'm sure you feel better for having had a go at me.
To those who answered the question, thank you. The rent now goes into her account a lot earlier, so the problem is sorted. If banks weren't allowed to take three to five working days (and they of course never tell you exactly how long it will take...) to clear an electronic transfer between two accounts held at the same branch of the same damn bank, maybe the issue would disappear. Oh wait, then they couldn't suck the last drops of money out of us, could they?

subjecttocontract

I'm a landlord and wouldn't dream of creating a fuss because a tenants S/O payment takes 3 or 4 days to reach my account.

You have a small minded, petty landlord.......did you do any checks on the suitability and integrity of your landlord before you moved into the property ? I bet they did some checks on you!

clutton_2

jojo - it really is time you started to grow up and act like a responsible adult here and stop blaming everyone except yourself for this situation - the LL is legally entitled to her rent on rent day that is what you Tenancy agreement says - end of..

"The rent now goes into her account a lot earlier, so the problem is sorted." - you could have done this from day one if you had given it any proper thought.

And by the way ""If banks weren't allowed to take three to five working days (and they of course never tell you exactly how long it will take...)"

banks tell you EXACTLY how long they take to clear cheques and S/Os etc - and some banks take 10 working days - its just that you could not be bothered to find out for yourself.

Paying rent on time, and setting up payment schedules is all part of growing up and it may be tough - but thats life - get on with it and stop yer moaning !!!!

GarethK

FWIW, my new landlord informed me as long as they got the rent due 10 days before her morgage goes out, she was happy. Thats the sort of landlord you need in this day and age!

jojo2004

Dear Clutton,
I'm not sure if you have a particular problem with me, or if I offended you in a previous life, but you are rather missing the point. I have never disputed that the landlord is entitled to her rent on the correct day; if you would care to re-read my original post (I'm assuming you can read?) I was asking for advice on whether the landlord could change the terms of the tenancy agreement, and specify how I run my own bank account. You have provided no helpful advice, so I suggest you find someone else to harass.
Oh, and FYI, last time I made an electronic transfer, from my Natwest current account, they said it would be 3 working days (on screen) - it actually took seven, and the bank admitted this was their fault, so please don't pretend that banks are infallible. Besides, I was actually making a raher different point (perhaps one a little too complex for you to follow?) that banks use the time to "clear the transfer" (or cheque etc) to make money for themselves by re-investing your money in that time, and perhaps it is time that consumers politely suggested that they might like to stop fleecing us so royally.
I'd always thought one of the golden rules of MSE was that we were supposed to HELP one another? Perhaps this is not a word you are familiar with? OED online might help....