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Issues with Landlord & Rent

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  • 18-08-2014 1:02pm
    #1
    Registered Users Posts: 370 ✭✭


    I have been living here problem free until the start of this month and now it has gotten out of control. My rent is due on the 7th , so I have it sent up to automatically be transferred from my bank account to the landlords account on the first, allowing plenty time cos we are with different banks. So far, so good.

    On the 11th of this month, I got a call from the landlord telling me that my rent was late and it was completely unacceptable, however I knew that the money had gone (I always check it). I double checked and sure enough, it had been debited on the first. I emailed my landlord a screenshot of my account showing this (with info blacked out) and I spoke to my bank who confirmed that there were no issues on my end and the money had been transferred. Landlord flatly refuses to accept this and is insisting that I transfer more (not a hope in hell) because they can't pay the mortgage without the rent. They are insisting that the problem is on my end and that I need to sort if. I have already received a letter warning me of impending eviction based on rent arrears and they have told me to forget about a good reference.

    This is really, really frustrating because I have paid, I cannot do anything else to rectify the situation. I have provided evidence that I have paid (never late with rent in all the time that I have been renting). Can anyone offer any advice on this? They equally have shown me their account showing that the rent has not gone in, and are insisting that I am at fault. This is really stressing me out, because I get multiple phone calls every single day about it, but I cannot see what else I can do.

    Thanks for any advice.


Comments

  • Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    Wasn't there a problem with one of the banks recently? Was it BOI? Is either of your accounts with that bank? Maybe the cash is somewhere in limbo


  • Registered Users Posts: 1,341 ✭✭✭miezekatze


    Can you contact your bank to provide something that shows the bank account details of where the money was sent etc.? The landlord can then take this to their bank and get them to investigate. That's a really annoying situation for you, but I think your landlord should be a bit more cooperative here.


  • Registered Users Posts: 1,179 ✭✭✭salamanca22


    Hello,

    For an eviction to be legal they will have to issue a 14 day notice of arrears and this has to be worded very gingerly. After the 14 days then then have to issue a 30 day notice of eviction. Again this has to be worded correctly or it's null.

    As in this case you have actually paid the rent and the landlord is refusing to say they have received it then they will have to issue that letter of arrears first. Anything else is illegal and you can get onto the PRTB about it.

    If in the end the landlord does it correctly. I.e both letters sent correctly and you are faced with eviction even though the rent has been paid you can then get onto the prtb who will begin an investigation into an illegal eviction. It is not unheard of that people who have been illegally evicted have been awarded 5 figure sums.

    Now this might just be an error on their banks part so if after a few days their account does not show the amount shown then again go into your bank and get confirmation in writing that the amount has been sent. Give this confirmation to your landlord and have them go to their own bank and query it.

    If they continue to harass you and threaten you with bad references etc you can contact threshold for advice and the prtb to complain the landlord.


  • Registered Users Posts: 484 ✭✭Eldarion


    It sounds like a problem at the receiving bank which is completely unacceptable. You've done all you could do and have the paper trail to prove it. Sounds like you'll need to contact your bank and get complete records of the wire transfer. Let them know the situation and they might have a process in place to help you out.

    If the explanation by the receiving bank isn't satisfactory you could try pushing for some form of compensation due the consequences suffered as a result of their issue.

    The landlord in this instance is sounding very heavy handed altogether and needs to start being a bit more professional in my opinion.


  • Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    Hello,

    For an eviction to be legal they will have to issue a 14 day notice of arrears and this has to be worded very gingerly. After the 14 days then then have to issue a 30 day notice of eviction. Again this has to be worded correctly or it's null.

    As in this case you have actually paid the rent and the landlord is refusing to say they have received it then they will have to issue that letter of arrears first. Anything else is illegal and you can get onto the PRTB about it.

    If in the end the landlord does it correctly. I.e both letters sent correctly and you are faced with eviction even though the rent has been paid you can then get onto the prtb who will begin an investigation into an illegal eviction. It is not unheard of that people who have been illegally evicted have been awarded 5 figure sums.

    Now this might just be an error on their banks part so if after a few days their account does not show the amount shown then again go into your bank and get confirmation in writing that the amount has been sent. Give this confirmation to your landlord and have them go to their own bank and query it.

    If they continue to harass you and threaten you with bad references etc you can contact threshold for advice and the prtb to complain the landlord.

    But its not quite that cut and dried is it? The part in bold is not true. The LL doesn't have the rent and the OP says that he has shown his bank statements to prove it.

    The LL could be more professional for sure but I'm not sure on what grounds he would be charged with an illegal eviction and fined a 5 figure sum. He hasn't been paid. But in any case, within the 30 day timescale, the tenant should be able to get his bank to pay the money to the LL and sort out later where the OP's money has ended up


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  • Registered Users Posts: 1,179 ✭✭✭salamanca22


    But its not quite that cut and dried is it? The part in bold is not true. The LL doesn't have the rent and the OP says that he has shown his bank statements to prove it.

    The LL could be more professional for sure but I'm not sure on what grounds he would be charged with an illegal eviction and fined a 5 figure sum. He hasn't been paid. But in any case, within the 30 day timescale, the tenant should be able to get his bank to pay the money to the LL and sort out later where the OP's money has ended up

    Fair enough the landlord is saying he does not have the money.

    Anyway the op has given the LL proof via screenshots that the money has been sent and it is now in my opinion on the landlord to go to their own bank and sort it out. The tenants obligations are complete and if they want to go a bit further they can go into the bank and get it in writing that the transfer was completed successfully on their end.

    The landlord is getting angry and threatening the tenant with eviction and a bad reference for something that is entirely out of the tenants control. The landlord needs to act more professionally and to be honest I would be complaining the the prtb anyway because of they way the landlord was acting. But that is just me.


  • Registered Users Posts: 858 ✭✭✭Boardnashea


    Has the OP confirmed the correct bank details were used when setting up the payment?


  • Registered Users Posts: 1,179 ✭✭✭salamanca22


    Has the OP confirmed the correct bank details were used when setting up the payment?

    Automatic transfer and only received complaint after 10 months so I would assume they are correct.


  • Registered Users Posts: 370 ✭✭Stepping Stone


    Thanks everyone. I am with the BOI. They are with the AIB. It is the right account, I checked that they got the first months rent.

    It is a complete pain. I always pay on time, never cause any trouble and now this. I will head to the bank tomorrow to get everything in writing. They are breaking my heart over it and there is absolutely nothing that I can do. BOI are insisting that it has been transferred out, but even if it hasn't actually left the bank, it has left my account, so I cannot track it after that. I have requested that they confirm that it has left the bank though.

    I wouldn't say that they are being very professional. They bought all around them during the boom and are in serious financial trouble, working contracts in the UAE to try to pay mortgages, so I am now faced with the whole bloody tax ting now that they have told me that they are living abroad (they gave a local address in case of issues). I should add that they told me this over the last week while wrecking my head about the money. :mad:


  • Registered Users Posts: 37,301 ✭✭✭✭the_syco


    I wouldn't say that they are being very professional. They bought all around them during the boom and are in serious financial trouble, working contracts in the UAE to try to pay mortgages, so I am now faced with the whole bloody tax ting now that they have told me that they are living abroad (they gave a local address in case of issues). I should add that they told me this over the last week while wrecking my head about the money. :mad:
    I'd wonder if they got the money? Check with your bank to see can they check with the bank the money went to if the money was received. Inform your bank of the accusation, and see if they are able to assist you in confirming the other bank has received the funds.


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