Leaseholder refuses to pay into our bank account !?!?

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    Leaseholder refuses to pay into our bank account !?!?

    Ok, the situation is this...

    I am a director of the freehold management company for a small block of flats (other directors being leaseholders like myself).

    Earlier this year we had some banking issues and changed from one of the big high street banks to an on-line bank.

    One of the leaseholders, when setting up their new direct debit, claims they were advised by their bank that they had never heard of our new bank and that they should be careful. I'm not sure if I am permitted to name banks, but our new online bank is named after the movement of the sea due to orbit of the moon

    The leaseholder is insisting on paying in cash, which would be really inconvenient as they also want us to come and collect the money !

    My question is - can we refuse and INSIST that they pay by bank transfer ?

    The lease is silent on how the service charge should be paid, only the amount and due dates.

    Note, as an added complication they are also refusing to pay the full amount, claiming various maintenance issues as the justification, so I am concerned at being seen to accept any lower payment if this might be seen as accepting their arguments. Arrears now stand at ~7 months worth of services charges, and our most recent letter to them gave 28 days notice of our intention to take legal action.

    Any advice most welcome

    Richard

    #2
    This website has comments to show the Tide bank accounts are not problem free.

    https://moneysavinganswers.com/busin...t-alternative/

    Comment


      #3
      The default is that if the lease does not specify the method of payment the tenant can pay by cash. I seem to recall some ancient rule that the rent has to be tendered between sunrise and sunset, but that could be levying distress; you do not say if the service charge is reserved as rent. You need to be careful about refusing cash to settle a debt as the refusal to accept legal tender waives the right to sue for the debt. You can though insist on the exact amount as there is no obligation to give change. As to where payment is to be made, I think it has to be the case that the debtor goes to the creditor and not the other way round.

      There is no harm in accepting part payment so long as you give a receipt accordingly.

      Comment


        #4
        You need to provide for payment at a local post office for tenant who wants to pay in cash.

        Comment


          #5
          Originally posted by Gordon999 View Post
          You need to provide for payment at a local post office for tenant who wants to pay in cash.
          Why?

          I think that what Lawcruncher has said is reasonable, i.e. that you have to be prepared to accept cash but that it is reasonable to expect anyone who wants to pay cash to bring the cash to you (or arrange for somebody else to do the same).

          I would presume that the OP would be happy to accept having a cheque posted to them.

          Comment


            #6
            thank you - the clarification on the need to accept cask is appreciated.

            I'm aware that Tide has issues, but so to did out high street bank (complaint made to financial ombudsman pending)

            Comment

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