WA Lost Rental Payment - Who Should I Sue under Property Law?

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17 November 2015
I am a landlord with a rental property (unit) being managed by a reputable Real Estate Agent. The tenant pays the rent monthly by cheque through the estate agent. The estate then credits my bank account with the funds.

On 01/NOV/15, the tenant paid the rent by cheque. I was told by the real estate agent that the cheque was presented to their bank (Westpac) but was 'lost'. I was then told that the cheque had been 'found' and that I would get my rent. After further delays, I was told that the matter had been resolved and that I would get my rent.

Yesterday, I was told that the matter was still being investigated between the real estate agent and the bank. On requesting further updates on the situation, I have received no response from the real estate agent, and rent has still not been credited to my a/c as of today 17/NOV/15? The monthly net rent is approx. $2600.00.

What should be my next step? I do not deal directly with the tenant, nor with real estate agent's bank. I am the victim, but who is the villain here (?), and from whom can I seek redress via a small claims tribunal?

Put simply, who can I sue under Property Law?

James D. Ford - Solicitor

Well-Known Member
LawTap Verified
Hi Donald

In my view you have 2 options:

1) instruct the agent to ask the tenant to cancel the cheque and issue a new one; or if this is not possible

2) instruct the agent to lodge a formal complaint with their bank.

If the bank does not locate the cheque within 45 days (from when they were first notified of the problem), then instruct your agent to take the matter to the FOS - Financial Ombudsman Service for resolution.

Here is the FOS Dispute Resolution Process:

Our dispute resolution process :: Financial Ombudsman Service

Kind regards