Real estate payment system error from a year ago

[againsthegrain]

I was contacted by a family friend who has just found themselves in a very strange situation.

They are renting a property for a few years now, and were contacted by their real estate agent recently saying a rent payment was missed 1 year ago because there was a glitch in the system.

They are told accountants reviewed it and confirmed a system glitch occurred and the payment is due.

In this situation obviously I see the landlord and the renter as partly being victims of a error/incompetence by the real estate.

Nobody is disputing the money owed from what I understand but rather how it should be handled and what is the responsibility of the RE?

I was told the agency simply brushed it off as a error and a small sorry between the lines.

Is this something the RE can be reported and fined? taken further? worth it?

My family friend is agreeing to pay, they are not happy but I think they don't want to make trouble so at this stage I haven't given any advice.

Looking around from all different sources and scoping out if I should tell them anything or keep my mouth shut and let them pay it quietly.

 

[SirRumpole]

I don't know if this helps, but it looks like the Statute of Limitations on debts in Australia is 6 years, so the landlord is still able to claim.

I'm not a lawyer though, so best to consult one if not intending to pay.

https://www.networkdebtrecovery.com.au/how-long-before-debt-written-off-australia/

 

[againsthegrain]

I don't know if this helps, but it looks like the Statute of Limitations on debts in Australia is 6 years, so the landlord is still able to claim.

I'm not a lawyer though, so best to consult one if not intending to pay.

https://www.networkdebtrecovery.com.au/how-long-before-debt-written-off-australia/

I think at this stage the debt is not disputed, rather the handling of the matter by RE and their obligation in the matter. I wonder how many other accounts could be affected.

 

[SirRumpole]

I think at this stage the debt is not disputed, rather the handling of the matter by RE and their obligation in the matter. I wonder how many other accounts could be affected.

I suppose if you can prove negligence on the part of the REA you could put the onus on them to pay it, but that's a legal matter which wouldn't be cheap.

 

[againsthegrain]

I suppose if you can prove negligence on the part of the REA you could put the onus on them to pay it, but that's a legal matter which wouldn't be cheap.

I was thinking more of a disciplinary action/fine if there is a body that governs this

 

[PZ99]

I know this doesn't help the tenant but the real estate agent should at least waive or refund any fees associated with that payment.

Can't charge a fee for not giving the service. Is it still around 8% or thereabouts ?

 

[againsthegrain]

I know this doesn't help the tenant but the real estate agent should at least waive or refund any fees associated with that payment.

Can't charge a fee for not giving the service. Is it still around 8% or thereabouts ?

not sure about their situation with the fees, but ill pass that on thanx