Estate agent didn't create SO for rent

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  • Banzai
    replied
    Standing orders are "controlled" by the payer not the payee unlike Direct Debits where the payee is in control.

    OP, do you mean standing order or direct debit as the method of paying your rent?

    http://en.wikipedia.org/wiki/Standing_order_(banking)

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  • Lawcruncher
    replied
    If landlord instructs an agent, the tenant is entitled to deal with the agent. There is no obligation on the tenant to draw the landlord's attention to any act of the agent which the tenant perceives to be against the landlord's interest.

    If a tenancy agreement sets out the manner in which rent is to be paid the tenant does not have any obligation to pay other than in the manner set out. If the landlord, whether directly or through his agent, does or omits to do something so that the tenant cannot pay as agreed, that is down to the landlord/agent, not the tenant. In this case the tenant is obliged to set up a standing order to pay to a nominated bank account, but no account has been nominated. There may be an obligation to ask for details of the account if not supplied, but I cannot see that any further obligation is imposed if the details are not forthcoming. The situation is no different from that where a cheque is tendered and the agent fails to bank it.

    Of course we need to take practicalities into account. The OP does not want the landlord complaining he has no rent and threatening to sue for it. What I think the OP should do is to write to the landlord saying that (a) he has done everything asked of him and can do no more in the absence of the relevant bank details, but (b) he is prepared to tender payment by some other means if the landlord authorises it in writing, but only on condition that the SO mandate is returned in exchange for a fresh mandate under which the first payment is the next rent payment date.

    All the above of course assumes that the problem is that the agent has not actioned the mandate. The OP needs to check the position with the bank.

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  • mariner
    replied
    LC because the LA can only act as the LLs agent so if there is a problem LL needs to be kept informed.
    IMO it is Ts resp to ensure rent is paid on time to whoever. Whilst it is reasonable for LA to require T to complete a SO mandate, how can T prove this if Mandate not presented to Ts bank?
    I would suggest T instructs bank in writing to cancel this SO Mandate, payable to LA, maintain a balance to cover all rent due, and inform LA/LL direct of SO cancellation and willingness to pay

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  • Lawcruncher
    replied
    The OP needs to take care that he does not end up paying rent twice. I would be inclined to leave it for the agent to sort out. The OP has done all that can be expected. If there is an agent why should he be expected to contact the landlord?

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  • PaulF
    replied
    Nobody appears to have said whether it's the agent or the landlord who is supposed to be collecting i.e., being paid, the rent.

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  • oaktree
    replied
    We've had plenty of instances of banks failing to set up standing orders that we've sent in; we always ask the tenant to phone their bank to check its been set up when they move in.

    Its pretty difficult for a letting agent to set themselves up with Direct Debit facility with bank sponsorship, and it costs them money for the service, so its generally more trouble than its worth. I can't think of any that bother with DD's, the SO is still the best route.

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  • AllyC
    replied
    like i said it's in the contract they arrange for Standing order. we provided all the info they asked us for and signed the SO mandate. but yeah we will be contacting the landlord for the bank details

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  • LesleyAnne
    replied
    Isn't it usual for the tenant to set up the standing order? You are responsible for paying your rent, not the agent for collecting it. I usually give my tenant a SO mandate and ask them to arrange it. If you leave it to the LA, they may even put it through as a direct debit and then you would have no control over how much they take and when. Much better for you to take control and do it yourself!

    As above, send them a cheque now and get the SO in place for next month.

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  • jjlandlord
    replied
    It is your responsibility to pay the rent in full and on time.

    I would ask in writing for the bank details of the account into which the rent should be paid immediately and issue a bank transfer. Or just drop a cheque.

    Then I would set up a standing order myself.

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  • AllyC
    started a topic Estate agent didn't create SO for rent

    Estate agent didn't create SO for rent

    We recently moved in and had a lot of problems with our agents. They took our bank details to create a standing order for the rent which would be taken out 3 days before the rent is due. it's been 4 days since the rent is due and the money wasn't taken out of the account, our rental agreement states standing order is the way of payment and we were not given any bank details to pay our rent into, we contacted the agents and they don't really seem to care. They said they'll look into it 3 days ago and nothing happened since. It's the first rent we had to pay since we paid them the deposit and first months rent before moving in. I checked my bank acc and no SO have been created. What does this mean for us?

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