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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 5020
Experience:  Solicitor
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I am acting as guarantor for a family member. I've have been

Resolved Question:

I am acting as guarantor for a family member. I've have been contacted by the agent for the landlord stating that the tennant has not paid rent this month. They have provided me with written notice stating this (under my contractual obligation i have 10 days to pay the rent on the tennants behalf.) I've spoke to my family member to see if they have paid rent and they have shown me proof on their statement that a payment has certainly been made, their bank has also confimed this. The accountancy department at the agents has not been find any payment on this end and is still demanding payment. Do I have any legal stand point to refuse payment as we have proven a payment by our end?
Submitted: 1 year ago.
Category: Property Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Yes you do.

If there is evidence it has been paid the Landlord can't call it in. The Landlord must investigate if this is a genuine dispute.

Clearly the bank have provided confirmation - so you have no reason to doubt it was not paid

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Does the bank stating that the payment has gone through mean difinitively that a payment is offical and that it is up to the agent to prove it has not, and how would an agent do this?
Expert:  Jamie-Law replied 1 year ago.

Yes. How is not your problem, you have it confirmed by the bank.

Landlord can get their bank to contact the tenant's bank

Does that clarify?

Customer: replied 1 year ago.
Ok so to confirm it is the landlords responsibility to chase down the payment through their bank and not the tennants as we have statement proof?
Expert:  Jamie-Law replied 1 year ago.

Correct

Does that clarify?

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you.
Expert:  Jamie-Law replied 1 year ago.

All the best.