Section 86 of the RTRA Act (Qld) sets out when rent is deemed to be paid when the tenant pays electronically. Effectively if the tenant can prove when they paid rent, that day is deemed to be the day in which the rent is paid.
86 Payment of rent by electronic transaction
(1) This section applies—
(a) if a tenant effects an electronic transaction to pay rent to
the account of the lessor or lessor’s agent on a day; and
(b) does not take any action to defer the payment to the
lessor’s or lessors agent’s account to a later day.
(2) Payment is taken to be received by the lessor or lessor’s agent
on the day the tenant effects the electronic transaction.
(3) Subsection (2) applies even if, because of circumstances
beyond the tenant’s control, the payment to the lessor’s or
lessors agent’s account happens on a later day.
The tenant uses BPay to authorise payment of rent to be debited to the
tenant’s account on a Wednesday. However, the financial institution,
because of its internal arrangements, does not actually debit the tenant’s
account and credit the lessor’s or lessors agent’s account until the next
day. The rent payment is taken to have been received by the lessor or
lessor’s agent on the Wednesday.
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This information is current as at 11th July 2011.(c) Real Estate Excellence provides general Real Estate Best Practice Advice and Services