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Rent paid into closed account

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Clare88 | 11:26 Sat 23rd Jun 2012 | Law
7 Answers
A friend sent her rent via standing order to the landlords closed account instead of a new one (opened that month). This happened two months ago and she landlord claims to have authorized the return 3 weeks ago but it hasn't arrived in her account.
She has had a couple of issues already with the landlord.
I don't understand how money can go into a closed account? Can she contact the bank directly to see if the money has been authorized for return / claim it back that way?
She leaves the country in 3 weeks time and needs the money.
She has also been told that she still has to be pay this months rent and can't just use the missing money as rent.
Is there any legal way she can get this money back?
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I imagine that money can go in to a closed a/c much the same way as DD can
Is she still living in the rented house?
Hs she given notice?
Money cannot be paid into a closed account. If the account was closed, the fund should bounce straight back to the originator (your friend), the landlord would not have to authorise this.

If the landlords account was closed by the bank due to him being overdrawn or something, I suppose the bank could have used the money to reduce the debt.

Also, there is a possibility that the funds are sitting in a suspense account at the landlord's bank.

Your friend needs to ask her bank to trace the funds to see where they are. Are the Landlords two accounts with the same bank or different ones?
standing orders rely on you giving the correct information!

the money must be somewhere ... does she know *for sure* he hasn't got it?
Your friend should speak to Citizen's Advice urgently or give Shelter a call, they are very helpful.

http://england.shelter.org.uk/get_advice

Personally, as the landlord or his bank has the money I would let him sort it out and would not be paying any more rent until he has "found" it. Is it the last month's rent she is talking about? I would also be worried he was going to keep the deposit in lieu if he insists he hasn't received the money.
The landlord cannot keep the deposit as by law it should be in a Deposit Protection Scheme. If the money is in one of these schemes it will be repaid to the tenant upon leaving the property it does not get paid to the landlord.
I know that SMP but the landlord might not have deposited the money with the DPS, some don't as has been related on here recently. The deposit is not given back until the LL has agreed no money is owing and there is no damage to the property. As I said, she should seek advice, especially as stated that she has already had issues with him.
Hopefully Clare, your friend has used an ARLA letting agent.
If the LL hasn't put the deposit in a scheme he can be sued for 3x the amount of the deposit. If the money was put in a scheme the tenant would have recieved a receipt from the company holding the money 2-4 weeks after the money was deposited.

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