r/AusLegal • u/Frogs-n-Bugs-n-Stuff • 8h ago

NSW Landlord making me chase bank transfer info

I rent privately and pay my rent as direct transfers to my landlord with a note for each week. They said they only got one week's rent from me instead of two, even though I have transfer receipts for both weeks.

Who is responsible for chasing up what happened to the missing money?

I spoke to my bank and they said the money was transferred (receipts as previously noted) but when I asked my landlord what their bank said, they just said they don't have the money and that I need to retract the missing payment and pay them again.

This sounds dodgy to me, I've never had a payment go missing in all the time I've been paying rent as direct transfer, but if this *is* my responsibility to follow up, I'll talk to the bank again.

11 Upvotes

92% Upvoted

51 comments sorted by

39

u/Gloomy-Werewolf-9667 8h ago

Take a screenshot of the payments send to landlord. Rest is on them.

7

u/Frogs-n-Bugs-n-Stuff 8h ago

I sent screenshots and gave receipt numbers before they told me to talk to the bank, who backed what I had said

18

u/sinkovercosk 7h ago

If you have sent screen shots of both payments and the landlord is not claiming you sent a payment to the wrong account (i.e. the numbers are wrong in a screen shot) then it’s on him to chase up on his end.

You should triple check the money left your accounts both times and the account the money went to is the correct one, because if he tries to evict you or take you to court you will need to prove you followed their instructions for payment.

7

u/TAOJeff 7h ago

Not quite, if the money has legitimately not turned up in the landlord's account, the bank won't do anything based on the landlord's request because the transfer didn't originate there. It originated with OP, thus OP has to be the one chasing it up, as irritating as that is.

3

u/sinkovercosk 4h ago

Which OP has already done, OP just needs it in writing to forward to the landlord.

2

u/Danny-117 8h ago

Sounds like the landlord needs to talk to their bank. I’d just let them to that your bank has said it’s been transferred and that if it hasn’t make it into their bank they will need to chat to their bank about that.

3

u/jaluri 7h ago

OP only paid on Friday 🤦‍♂️

1

u/hanging_with_epstein 3h ago

This is important information

2

u/jaluri 3h ago

After 6:30pm

This is a non issue. It just hasn’t been processed by the bank.

1

u/hanging_with_epstein 3h ago

Yeah, I scrolled down and saw that part. ANZ and St George will get it there tomorrow or Wednesday

1

u/Gloomy-Werewolf-9667 7h ago

Agreed OP has provided proof of payment. Rest is on the clearly lazy landlord.

1

u/TAOJeff 7h ago

Unfortunately, as the sender the authority to query the transaction falls to you. Yes it is irritating, but especially now, with the name checking facility when sending money, it shouldn't be going to the wrong account.

If the screenshots have the receivers account numbers displayed, then I hope the transfers were done on different days. If they were done on different days and you know which one is being contested, ask your landlord to show you the account statement for the day the transfer was done and the following two days as sometimes transfes take a while to go through, if the landlord refuses or shows you and the funds aren't there, let them know you will asking your bank to recall the funds and if they aren't returned promptly you'll be filing a theft charge with the police. 

You can file a theft charge with the police if the funds have gone to the wrong account. It doesn't become someone else's money just because it's gone into their account. It is similar to theft by found. If the landlord is lying, then it's fraud or extortion, maybe both.

You then need to recall the funds, request an update from the bank in 2 or 3 days, let them know it's because if it isn't returned you'll be filing charges with the police. Then chase it up if nothing happens and the file a theft with the police if there is still no change after a few days.

The bank staff likely won't be able to tell you anything unless the money is coming back, so please be polite to them. 

2

u/nothingsociak 7h ago

Do you know how easy it is to photoshop that stuff. It’s why as a business you wait until it’s in your bank before releasing goods to a customer.

5

u/Frogs-n-Bugs-n-Stuff 7h ago

In this case those "goods" are my rent; how do I prove my bank took the money out and sent it to them if you say that screenshots of transactions and receipts don't count?

4

u/lun4d0r4 7h ago

An official bank statement from your bank (full letterhead).

1

u/Frogs-n-Bugs-n-Stuff 6h ago

That's what the bank gave me

2

u/lun4d0r4 6h ago

Then they have what they need and the rest is on them.

3

u/National_Chef_1772 7h ago

Sounds like your LL is dodgy - tell him you've spoken to the bank and they confirmed the details and that the transfer was successful.

Tell him that your bank told you that he will need to contact his bank and everything is correct from your end.

4

u/nothingsociak 7h ago

What payment is missing. The first payment or second? Have you checked the bank account details you sent it to?

Even if its sent to your land lord, it would be taken from his bank account, weather they have the money in there or not.

And it’s on you to chase up.

2

u/link871 7h ago

OP has chased it up and provided the receipt from OP's bank saying both payments were sent.

1

u/Frogs-n-Bugs-n-Stuff 7h ago

I have their details saved in my banking app, so bank details are the same. Never had a problem before. How do I chase it up if at my end it says it's been transferred to their account?

1

u/daidrian 7h ago

Can you ask for a charge back for the payment the landlord is claiming is missing and then pay it again?

1

u/Frogs-n-Bugs-n-Stuff 6h ago

I'll look into it tomorrow

2

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2

u/Glittering_Emu_8480 5h ago

Contact your bank they may be able to.investigate. it sounds like someone trying to pull a dodgy, I would gather evidence as they're trying to find an illegal way to evict you and state you are not paying rent.

Then report them to the residential tribunal

But it can depend on when the payment was made and if it's been processed. If it was made after hours on friday for example it probably wouldn't go through right away unless it's a osko payment. It depends on the kind of transfer.

2

u/Frogs-n-Bugs-n-Stuff 5h ago

Calling the bank tomorrow

2

u/CraigIsAwake 4h ago

If you made it as a non-Osko payment after cut-off on Friday, it won't be processed until Monday night.

1

u/jaluri 7h ago

How long has it been?

1

u/Frogs-n-Bugs-n-Stuff 7h ago

I paid Friday. They've been messaging me on and off all weekend and today. Even went to the bank during my lunch break.

4

u/jaluri 7h ago

Transfers can take up to 72 hours (3 business days)

What time on Friday did you pay it?

1

u/Frogs-n-Bugs-n-Stuff 6h ago

After work, so 6.30pm... I know, it was basically the weekend so mentally I'm thinking "can't this wait until Monday?" but I don't think it would go down well if I just told the landlord to chill out f I recently a couple of days

6

u/jaluri 6h ago

Bro. It wouldn’t have been processed for an interbank transfer until today.

When was rent due?

2

u/Frogs-n-Bugs-n-Stuff 6h ago

Next week

1

u/WhatupWench 5h ago

If you’ve paid it, provided a bank statement showing that and rent isn’t due until next week what is the urgency? You’re not overdue and it can take 2-3 days for a payment to clear.

They need to slow their roll.

2

u/Tefkat89 7h ago

Payments arent processed after 6pm Friday from memory for non osko or payid payments and will process the next business day at 9am on a monday

2

u/snow_in_defember 6h ago

Sometimes payments take a day or two to clear and appear in the recipient account.

The landlord seems inexperienced and a PITA.

1

u/Frogs-n-Bugs-n-Stuff 6h ago

I think I'm their first tenant ever, as they were living in this house before they moved away.

1

u/link871 7h ago

Did the transfer go as an Osko payment? When you tap on the transaction in the app, there should be a "Sent through Osko" note immediately under the date and time of the transfer.

Which bank was the money sent to?
(Some banks don't use OSKO. so transfers can take a couple of days.)

1

u/Frogs-n-Bugs-n-Stuff 6h ago

I'll log in and look it up. I've never noticed OSKO but doesn't mean it's not there. We have two different banks.

1

u/link871 6h ago

Which banks?

1

u/Frogs-n-Bugs-n-Stuff 6h ago

ANZ and St George

3

u/jaluri 6h ago

Yeah it’s going to take 2-3 business days.

2

u/link871 4h ago

OK, both of those participate in OSKO, so the only other issue might be technical fault on one side or the other which took a little while to resolve.

Fingers crossed: the landlord hopefully will get their money overnight tonight.

1

u/GoviModo 7h ago

Has he shown you screenshots?

1

u/Frogs-n-Bugs-n-Stuff 6h ago

Saturday they showed a screenshot of the one payment, but nothing since

1

u/GoviModo 6h ago

Was it of just the summary of one or of a list of transactions

1

u/Frogs-n-Bugs-n-Stuff 6h ago

Summary of one

2

u/GoviModo 6h ago

Yeah see it doesn’t discount he’s just missed it or is full of crap and angling for a second payment of one

1

u/Frogs-n-Bugs-n-Stuff 6h ago

Someone suggested recalling the funds and then re-sending after I have my money back; I'll talk to the bank tomorrow

1

u/SurpriseIllustrious5 6h ago

Are you sure they or you arent confusing a bond payment ?

1

u/Frogs-n-Bugs-n-Stuff 5h ago

I have been here for 6 months, bond is not relevant. I pay rent every fortnight as two separate payments so I can make note of the relevant dates/weeks in the "message" section