LL wants me to give him a Standing Order mandate

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    LL wants me to give him a Standing Order mandate

    Hi,
    I am currently dealing with a landlord who wants me to complete a standing order mandate and give it to him. As far as I can tell he intends to send it to the bank to set up the order.

    When I have done a standing order in the past, I have completed it and given it directly to my bank.

    Is there any problem with me giving the the standard order to the LL. Could he possibly use it to reactivate the standing order when it is finally cancelled? Are there any other issues?

    #2
    You are in control of a standing order, he wants to do it so that he knows it is done.
    Tenants often say they have sent it when they have done no such thing.

    I seriously doubt he wants to try and reactivate it in the future.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      What does tenancy say about how rent is paid?
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Originally posted by theartfullodger View Post
        What does tenancy say about how rent is paid?
        The only mention of standing order is here:

        "To pay the Rent in the manner set out by this agreement whether or not it has been formally demanded (by standing order on the rental due date)."

        At the beginning of the AST it also says:

        "Payment: In advance by equal cleared payments on the 29th of each month, via bank transfer to Account Name: XXXXXXXXX"

        Comment


          #5
          So as long as you pay when required by standing order you have satisfied the contract.

          However as landlord can evict byou for no reason at all using s21 notice .....
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            As you can cancel a standing order at any time (online in many cases), the mandate doesn't mean much.
            How does one know the landlord won't add a few zeroes to the mandate?
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Originally posted by jpkeates View Post
              As you can cancel a standing order at any time (online in many cases), the mandate doesn't mean much.
              How does one know the landlord won't add a few zeroes to the mandate?
              Let's be realistic for a moment.
              As said before:

              Tenants often say they have sent it when they have done no such thing.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                Originally posted by JoanneH View Post
                The only mention of standing order is here:

                "To pay the Rent in the manner set out by this agreement whether or not it has been formally demanded (by standing order on the rental due date)."

                At the beginning of the AST it also says:

                "Payment: In advance by equal cleared payments on the 29th of each month, via bank transfer to Account Name: XXXXXXXXX"
                My kid was asked to set one up and send a screenshot to the agent to show it was done. We had no objection to that - why dont you suggest it as a compromise. As pointed out already you could cancel a standing order and how could they reactivate it, you have to do that. It isnt a direct debit.

                Comment


                  #9
                  Originally posted by thesaint View Post
                  Let's be realistic for a moment.
                  I wasn't suggesting the landlord was likely to really change the value.

                  I as highlighting the unreasonableness of the request.
                  It's pointless and probably breaks the banks Ts an Cs.

                  While I accept your experience of tenants who say they've completed one and not done so, I don't see what difference it makes to the landlord or the tenant.
                  I think it's an unreasonable request and would take my business elsewhere (if nothing else it shows the landlord is out of touch with modern life - when was the last item you saw an actual standing order hard copy*?)


                  * fears the answer!
                  8-)
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    We use a standing order mandate letter with our tenants, which they sign when the move in, for the following month's rent and onwards from there, and I take it away and post it to their bank, because yes, they forget to post it otherwise. It really is just an expedient measure because when we first began letting, people genuinely forgot when it was rent day, and I was forever chasing them up, which I don't like doing and it is a waste of everyone's time. We always offer them the option of setting it up for the day after payday, or weekly, if that helps them to budget. The letter is printed out, so I couldn't add a zero later without it looking very dodgy, and I give them a copy so they remember what they signed. It also serves as a change of address letter to the bank, which saves them a job. I send the letter out as soon as they express an interest in a room, so they know to expect to sign it. If the money is not in their bank, we don't get paid, and I have had tenants cancel the standing order in the past and then go on to stack up rent arrears, so it really doesn't give the landlord much power over anything, but with regular tenants it just saves the embarrassment of them forgetting to pay and me having to nag them. If you bought a car on finance you would think nothing of signing a direct debit agreement, which is far more powerful than a standing order (a recipient can actually change the amount on one of those), so given that your home is more important than your wheels in the general scheme of life, I don't think there's anything to worry about here.

                    Comment


                      #11
                      Originally posted by jpkeates View Post
                      I wasn't suggesting the landlord was likely to really change the value.

                      I as highlighting the unreasonableness of the request.
                      It's pointless and probably breaks the banks Ts an Cs.

                      While I accept your experience of tenants who say they've completed one and not done so, I don't see what difference it makes to the landlord or the tenant.
                      I think it's an unreasonable request and would take my business elsewhere (if nothing else it shows the landlord is out of touch with modern life - when was the last item you saw an actual standing order hard copy*?)


                      * fears the answer!
                      8-)
                      I think Bangles has explained it as good as it can be explained.

                      In regards to a hard copy of a S/O form, the last time I saw one was from Nationwide Building Society on Friday.
                      They informed me that my mortgage would be reduced due to the interest rate cut, and included a S/O form with my letter.

                      I pay my mortgage by S/O, as I like to have control of the payments(I overpay, and have done for years).
                      Allow tenants to protect their own deposits. I want free money when they do it wrong

                      Comment


                        #12
                        Originally posted by jpkeates View Post
                        How does one know the landlord won't add a few zeroes to the mandate?
                        The same way a recipient to a well written cheque can't just change the amount?

                        I think it's an unreasonable request and would take my business elsewhere (if nothing else it shows the landlord is out of touch with modern life - when was the last item you saw an actual standing order hard copy*?)
                        A few weeks ago, when I signed and gave one to my sunday league football club.

                        I don't see a problem especially if the tenant can choose to do it themselves and sent proof of having done so to the LL as #8.
                        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                        I do not answer questions through private messages which should be posted publicly on the forum.

                        Comment


                          #13
                          Since Swipe & Pay, no young adult knows to write a secure cheque.
                          An unambiguous SO Mandate can be provided at own bank, or set up online, and copied as proof for LL
                          NB SO will only be paid if the account has sufficient funds avail on date it is due to leave the account.

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