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I moved out of a private rented property in October last year as a leak was not repaired leading to the ceiling falling through when I was 28 weeks pregnant. I had not seen out the full 6 month of my assured shorthold tenancy when I moved out but I had to leave as I felt the property was too dangerous especially for a baby. The lettings agency asked me to ring them sometime to arrange payment of what I owed which was about £600 and I gave them my genuine new address. I have not been able to afford any payments to them since I left and they have not chased me for it either through letter or email.

 

I now have a 3 month old baby and it has turned out that my current landlord has not received any rent payments by standing order since January and after checking with the bank, the money has been paid to my previous landlord. I had to cancel a standing order with Santander bank for February's payment as I lost some money and could only afford to pay £400. I went to the branch and just asked for it to be set up again to the account that it had been going to the month before. Two payments of £400 and £460 have now gone to my previous landlord even though this standing order mandate was cancelled last June. I just paid the lettings agency cash or debit card payments.

 

The cashier has obviously put the wrong mandate details through but the ironic thing is that I owed them some of this money anyway. Are they legally allowed to take it as it wasn't meant for them? I am now two months behind with my rent and can my current landlord evict me because of this error?

 

 

Please help as my tenancy is on the line. :sad:

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The answer will depend on whos made the mistake, you or the bank.

 

"The cashier has obviously put the wrong mandate details through" - come on now! and these wrong details just happened to be your ex-landlord?!!!

 

From the limit details you have given, you owe last years landlord what you owe them, the rest should be returned to you. Whether the bank or small claims court will enforce this is down to whos mistake it is.

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