Can Landlord insist I pay service charges by cheque only?

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    #16
    Originally posted by leaseholdanswers View Post
    I am sorry but I don't see that any person is able to dictate the terms and method of payment and in the case of the landlord, they are free to choose and restrict those that are legal relevant and sensible.

    The landlord is quite entitled to restrict them to the form mentioned and not give access to his bank account. That said as that account should be one holding monies on trust it should only have funds for that block and his own or other funds should not be at risk.

    Pressing that issue might lead to the details being provided. A simple inspection under section 22 would likely reveal them anyway!

    It is not uncommon for larger firms to maintain a single payee account which are reconciled to individual "client/trust" accounts on a daily basis to avoid any attempt to access the account leading to losses.

    I don't see, Dant, how they would defend recovery action by, in their defence, saying "but I wanted to pay by transfer and they wouldn't let me (stamps foot)", getting very far.

    My view was simply pointing out that, of all the payment options available (given the lease may be silent), it seems unreasonable to withhold a bank account and sort code number whilst asking that very person who is being deprived of such information, for money!

    LHO; you say "I [you] don't see that any person is able to dictate the terms and method of payment" and that "the landlord is able to choose and restrict those that are legal, relevant and sensible" I would argue payment by SO is all three, IMO.

    I'm fairly confident that the OP wouldn't use that as a defence, at the very least to a DJ! Heaven forbid.

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      #17
      Sadly for you it's not unreasonable- and it's tempting to read into my post to get the answer desired. A legal relevant and sensible method of payment refers to just that, rather than insisting on say cash in hand on rent day or two sheep and a duck, and the restriction is choosing one or some of the methods that are, not providing all of them.

      For the reasons mentioned, this information is not essential and they are free to retain it. Even if a DJ doesn't like the argument, there is no counter to it. You might get lucky but the chance of that is slim, and you could have offered to pay prior to the hearing. I have also suggested several solutions, via the rights that you do have, rather what you think the way things should be.

      That would stop any proceedings in their tracks...

      The not in the lease argument is a red herring the contract is free to put in a specific method by not by implication as allowing you to choose, that as has been said may themes is that it will be construed in favour of the landlord and the many ways that are available to pay not the one you prefer.

      Sorry it's not what you want but there many firms refuse to release this information inc some of the big boys that you can google and they win every time.

      Call the bank and order a cheque book....
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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