Landlord saying rent not received after several months, help

[KWL51]

Am hoping someone can give advice.

I moved into a property last spring, the first weekend the landlord cleared out the garage, i informaed him of a number of issues but never heard from him again. They were minor so sorted them myself and carried on.

I paiid the rent to the account and sort code that I was given by the finding agent. Now several months on the landlord has contacted the agent (who is not managing the property they were just the finders but the landlord wishes for them to start managing it now) to say that he hasnt received any rent! I did request on numerous occassions by text/email/voicemail for confiramtion of rent received, but had no reply and foolishly assumed as no contact made he was receiving his money. (after all why would anyone not notice a large sum of money not being deposited into thier account)

The problem i have is that i was foolish enough to not keep proper records, i paid in a mixture of a bank payment or cash over the counter (only once or twice), but my account has now been forcibly closed as it was a student account and my overdraft was recalled (no longer a student), it has been converted to a loan for me to pay off (with another bank), the bank are being very unhelpful on request of copy statements, i don;t even have the account number as i dont keep anything and i had to hand my card back into the branch for destruction.

im screwed aren't I? its his word against mine?

I don't want to worry you but a new agent and not the actual landlord? Have you met the actual landlord? Ask to meet him again to verify it is him.

That is exactly what I thought gregge. It all sounds very odd.

KWL51 - be careful. Ask the agent to write to you confirming everything that they have told you about the landlord not receiving the rent, that you need to pay directly to them no etc. I would also tell them that given what has happened you are a bit uncomfortable with just starting to pay them and would like confirmation directly from the landlord. Tell them you are sure they will understand you covering yourself given what has happened. If they are above board they will.

Ask them how they contact the landlord and contact him yourself. They must have current contact details. Write/email or text him telling him you are uncomfortable with paying directly to the agency without formal written instruction from him.

the numbers that they sent me regarding contact with the ll and his email address, match those that I have. So i can only assume that for some reason the ll does not want to speak to em, perhaps becasue he'd have to shoulder at least some of the blame?
I will never again pay a bill or standing order without having some kind of confirmation that the payment has been received correctly. At least with BT, mobile phone companies etc the next months bill sows your previous payment, which even up to now I have not been keeping.
I have taken print outs of each payment made on my new acocunt to the new agent, which shows acocunt number sort code, amount paid and date and reference. I have also started a spread sheet with a running total of monies sent against the amount claimed.
CAB are being very helpful wiht information, unfortunatley it means a lot of leg and paperwork for me, to start the process of claiming this money back. The bank will not give me the name and address of the incorrect payee, but will forward on letters to inform them that the matter will be pursued. They have written to the acocunt holder giving him 31 days to respond, before any further action can be taken.
In the meantime i had to agree a repayment plan with the agent, as he had threatened to issue a section 8 notice to seek reposession.

So have you been paying to the wrong account and sort code then?

Is it your error or have you been given incorrect information by the agent/LL when you first took occupancy?

I would still email the landlord, copying the agent, requesting written confirmation directly from the landlord confirming the change in payment details.

I hope you manage to get your money back.

They can print off your old bank statements on plain paper from behind the till. They have them in front of them on a screen.

The payments may well have been declined and the money never actually sent if your account was overdrawn.

This all sounds very odd.

It must be a five minute job to find out the account number into which you have been paying rent and the account number which the landlord/agent gave you?

Are they different? If yes then you have made an error but the money will be recoverable via the bank. If no then either a) the landlord gave you the wrong details and it is for him to sort out or B) the landlord has in fact been receiving the rent.

Either way you should most certainly not be paying additional rent.

yes, sorry if i didnt make it clear, there was a discrepancy between the account i should have been paying and the account that the money went to. the bank have confirmed that it went to an actual account and not a holding account. that is the problem causing delays.
I can;t establish if the origional agent gave me the incorrect information or i input the account number incorrectly. the sort code is the same but the acocunt number is quite a bit different. I have been tearing my house apart looking for the piece of paper that it was written on, it was a compliment slip with acocunt sort code and email. the ll registered address for forwarding of post etc is a po address and the search for ll address comes up with the address i live at, otherwise i would have turned up on doorstep to ask politley to speak to him/her.

The problem being that (and according to CAB) regardless of who's fault this is, the ll still needs and is entitled to have his rent in his account. At present he does not have the rent in his account and so can issue proceedings against me. A section 8 means i can contest this and show that the errors and lack of communication caused such a huge 'arrears' situation and the judge can decide that i am not able to be evicted due to rent arrears as long as the payment plan is stuck to and the money is chased and gained and hopefully repaid quicker than payment plan, with the goal being to repay the rent quicker. However it would then incur costs and would not stop the ll/agent serving me with notice at the end of the tenency which would be this month to give me the two months notice to leave at the end of 12 months.

basically i am at the ll and agents mercy. I know that what you have all been saying is correct, but i just can;t risk being asked to leave the house. I do a search online each day and call agents every week looking for alternative properties, but there just is nothing avalaiable anywhere near me. even if i had a much higher budget there would still only be 2 houses near here.

If i move away from here i can;t get to work. The children would need to either be taxied to school each day, ok the youngest could change schools as primary but a yr 10 student whos already struggling with keeping up with school work, to have to move school after already sitting 3 exam modules, would surely be detremental.

you can see why i would want to do all that i can to stay here despite a crap ll. hopefully now the agent is involved any repairs or queries can be sorted sooner rather than later and as an agent collecting the rent they will shout as soon as first payment went astray?

Does ll live in UK? It is really odd to have a po box and use your address unless he is letting without declaring to the tax man and/or mortgage company. Does he have mail forwarded ? Whose to say the alternative a/c isn't also his ? He could issue notice regardless btw.

OK. So just to be sure I am right the money has gone to someone else's account and the bank have given them 30 days to respond to them asking for the money back? Is that right?

In which case bollocks. That is theft. Someone has been receiving money into their account and never questioned why. I'd be phoning the non emergency number at the local Police station and taking some advice from them.

Never thought of the pOlice, cab never said anything either. Thanks

Yes I know he could give notice anyway. I have no idea who the ll is Met him once the day I moved in up until then I had only dealt with an agent. On previous let's I'd had the ll address on my contract but this one is a po address. I was lead to believe that he had two properties to let but since this other agency took over they claim he has 20+ all dealt with by them.

Like I say learnt my lesson wrt to record keeping now will not be caught out again that way. Will give police a call to see what they say.

Worth a try. I am sure your bank should be doing more but the receipient of the funds, if honest, should give the money back straight away.

I think that the landlord is not allowed to hide his true name and address from you.

Ask the agent to provide it. I recommend doing it in writing, in a very short letter not mixed up with anything else. You have no obligation to say why you want it.

You might like to send the letter recorded delivery.

The LL is not allowed to hide his true name and address from you and nor is he allowed to use your address as a PO box as if he is still living there.

Did you ring the police op? What is the outcome with your landlord and agent?