Who is in the wrong here?

[ByeByeNye]

Living with 2 room mates (3 of us in a shared house). 1 room mate is new and paid rent for the first time last week, but landlord didn't receive the money.

Turns out, new room mate got the bank details for the landlord from my other room mate, however, the other room mate gave him the bank details for his previous landlord. Previous landlord is refusing to give the money back 🙄

New room mate is panicking and doesn't know what to do, as he can't afford to pay double the rent. Has implied that other room mate is to blame and should help out with this.

I'm really on the fence about this, but I'm not getting involved. However, I'm curious as to who people think is in the wrong with this. On the one hand, other room mate should have been more vigilant with the bank details and ensured they were the correct ones, on the other hand new room mate should have contacted the landlord directly to ensure this didn't happen.

I'll randomize the poll below, as I really don't know who is right/wrong here.

YABU - New room mate is in the wrong
YANBU - Other room mate is in the wrong

No option for landlords?

They are the ones in the wrong, new landlord should have given the new tenant the bank details, not relied on other tenants to pass on their details.

Old landlord because they should return the money, it doesn't belong to them and they know it.

@MayThePawsBeWithYou

The new landlord should have provided the correct details in their contract

This

the problem is that it wasn't actually paid in error so far as the bank's processes are concerned....payer puts in payees bank details and has at least one chance to check that they are correct. i think that the old landlord is being nasty but the other two shouldn't be let out on their own!

@tulippa

The old landlord is in the wrong. He is committing a crime by holding on to money that isn't his.

This.

@Tal45

If the bank puts money wrongly into your account you can't just keep it so I'd have thought it was the same here. If I was him I'd contact the bank and just say that he has paid x amount into the wrong account and is there a way to recover it.

trouble is, it isn't the bank's mistake.

The new room mate has given him the money.
So while it is immoral, I am not convinced it is illegal for him to keep it.

New roommate was silly to not get details straight from landlord.

Established roommate is an idiot for not giving correct info.

Old land lord is a thief.

In conclusion, the old landlord is the most at fault here. They have no right to refuse to return the money.

Established roommate needs to fix it, I think.

Is other room mate the one in contact with the old landlord who is refusing to return it, or had new room mate spoken to old landlord directly. Maybe I’m just cynical but perhaps there is no old landlord and other room mate gave his own bank details.
If I was new room mate I would be asking bank to check the names match and for assistance with getting the money back.

@ByeByeNye house share tenancy agreements very often hold all tenants jointly and severally liable for the full rent and let the tenants work out who pays how much. A lot of people don’t understand the difference between a contract that states landlord is entitled to (say) £1500 from A, B and C versus a contract that states landlord is entitled to £500 from A, £500 from B and £500 from C. There is indeed an important distinction there and you would be prudent to check your agreement as you could end up subject to legal proceedings or at the very least a bad credit rating. This isn’t a rare or random circumstance, it happens all the time.

@Chloemol

Both as they should both have checked the details

However your new flatmate should contact the previous mad lord and ask for the money back, making it clear they have no connection

Then if he won’t play ball I would simply go to small claims court

"Mad lord" hehe

How much is it?

@StruggleStreet

Is other room mate the one in contact with the old landlord who is refusing to return it, or had new room mate spoken to old landlord directly. Maybe I’m just cynical but perhaps there is no old landlord and other room mate gave his own bank details. If I was new room mate I would be asking bank to check the names match and for assistance with getting the money back.

The other roommate was in contact with their old landlord. New roommate has zero contact with him, he has contacted his bank who are looking into it, which could take a while. Our landlord wants money ASAP and doesn't wish to wait for the bank to decide whether they can get the money back or not.

[quote Meowwwwwww]@ByeByeNye house share tenancy agreements very often hold all tenants jointly and severally liable for the full rent and let the tenants work out who pays how much. A lot of people don’t understand the difference between a contract that states landlord is entitled to (say) £1500 from A, B and C versus a contract that states landlord is entitled to £500 from A, £500 from B and £500 from C. There is indeed an important distinction there and you would be prudent to check your agreement as you could end up subject to legal proceedings or at the very least a bad credit rating. This isn’t a rare or random circumstance, it happens all the time.[/quote]
We all pay £250 a month. Other roommate has lived there before any of us and only paid £250 a month. When I moved in I paid the same, so landlord got £500 a month out of both of us, now he gets £750 out of all 3 of us.

Might sound cheap, but the house is a shit hole, very run down.

New LL should have given the new tenant their bank details so they didn’t have to ask other tenants

Old LL is a greedy bastard

Old tenant should have checked the details were correct

If its a run down shithole is it safe to even live in, do you get annual safety checks.

Do you* know the dodgy old landlord's address? If so write to them (recorded delivery) informing them of the error and requesting them to transfer it back. If they don't then follow up with a letter before action (recorded delivery) with a request to return the funds sent in error and informing that if they don't you will be entering a small claims action to recover it. If its still not returned then you enter a small claims action (it's not difficult and costs about £50)
In the meantime you* need to pay the correct landlord, it's not their fault and they might need the money to pay the mortgage or their child's ballet fees (or buy cocaine or whatever)

*By you I mean the person who payed into the wrong account.

If you don't know the address write to them care of the estate agent and make sure they pass it on!

Does your landlord have the same name as house mates old landlord? How can he have given the wrong details when banks check the name on the account as part of sending money?

The old landlord hasn't committed any crime unfortunately. The money was sent to him and all the bank can do is ask for it back if he says no their is nothing that can be done.
New tenant is responsible for getting the details from landlord surely he must have given them directly to tenant.

I feel really sorry for the new tenant. How on earth would he expect to be given the incorrect details.

Genuine mistakes on the existing tenant but very poor firm not to make sure they were correct. I would pay if I was in his position.

The bank can only request the finds back,they cannot debit the account without permission. Hopefully, both tenant and old landlord are with the same bank, as old landlord is less likely to refuse to return in case it causes problems.

Tenant could try approach charities that help those financially, they may assist him with the cost as a one off.

@MayThePawsBeWithYou

If its a run down shithole is it safe to even live in, do you get annual safety checks.

Nope. It's full of mould and I'm constantly sick 😫 the wall above my bed is practically black 😬