Landlord cancelling cheque for bond

[daisymoo]

Hope someone can help cos feeling very

 

Basically I received a cheque for my bond then before I cashed it the landlord cancelled it saying the flat was not in the state it should have been. I sent a letter asking for proof and they have sent an invoice for damp proofing (the bathroom was damp but thats not up to me to pay for is it?), regrouting shower tiling, painting and hoovering. They also sent me pics of apparent damage. My question is can they send me a cheque, which means they are obviously happy with the state of the flat, then later cancel it and keep it all?

[wanderingsoul]

HI Daisy,

you did the right thing in asking for proof, however they can't just send you an invoice by return. They need to prove the state it WAS in, and then the state it IS in upon your leaving.

Bathrooms always get damaged, and if it is reasonable wear and tear, and you can prove that, then they have no right to cancel the chq.

Do you have a copy of the inspection report from when you moved in?

 

It could be that you were a good tenant who paid rent on time and so the landlord was willing to issue a cheque immediately, though once you were out they may have noticed the extent of the damage to the bathroom. It normally takes about 2 weeks (working days) for a refund. He probably has the right to stop the chq, but expecting you to pay for re-grouting? he needs to prove you damaged the grouting first!

 

If the damage is obviously past reasonable wear and tear, he can charge you for it, but if you believe this is due to poor ventilation etc, then you may have an argument.

[Aequitas]

You can sue on the cheque without regard to the reason it was issued - there is no defence. However, the landlord can counterclaim for damages. For all practical purposes this now means that the landlord has to prove the damage, rather than you proving there was no damage. Give him seven days to pay and then sue through the small claims procedure.

[daisymoo]

Thanks for the advice. I stupidly dont have the inventory anymore but the bathroom was damp before I moved in but I have no proof of that. I shall send a LBA and then go to money claim online to sue for the amount on the first cheque.

[daisymoo]

Thanks for the advice. I stupidly dont have the inventory anymore. I shall send a LBA and then go to money claim online to sue for the amount on the first cheque. I just hope I dont end up out of pocket! But to charge me for damp proofing just takes the mickey especially when I was there the bedroom wall was damp from the bathroom.

[daisymoo]

They havent replied as expected and it is now 7 days since I sent the LBA so should I go through the online small claims route and use the particulars of claim that are on this site or should I mention the fact that they cancelled the cheque too?

[Planner]

You should do as Aequitas suggested, sue on the canelled cheque only. There is no need to get bogged down in details of the property was in this or that conditions that way.

[daisymoo]

I'm just about to do the claim online but a bit unsure as to what to put in the particulars of claim.

[Planner]

And if by magic a link did appear;

 

CompactLaw - case examples

 

All seems pretty easy. Any problems get back to us.

[daisymoo]

Thanks very much! Just one more thing - I didnt try to cash the cheque as the landlord left me a message before I did to say the cheque was going to be cancelled so shall I still add numbers 2 and 3? Also can I add on the court costs i.e the £50 it will cost to go on money claim online? Sorry for all the questions! :o

[Aequitas]

Just one more thing - I didnt try to cash the cheque as the landlord left me a message before I did to say the cheque was going to be cancelled

 

That's a tricky one! The notice of intention to stop the cheque may be sufficient, but I do not think you want to be arguing the point in court. Unless someone else can come up with a good reason for you not to, I think it would be advisable to pay the cheque in and wait for notification by your bank that it has not been paid.

[daisymoo]

Would the court not ask why I had tried to bank a cheque when I had already been given notice that it had been cancelled though?

[Aequitas]

Would the court not ask why I had tried to bank a cheque when I had already been given notice that it had been cancelled though?

 

I cannot think why the court should ask that, but I am not a litigator.

 

Whenever anyone says "sue on the cheque" it is when the cheque has bounced. If the cheque has not been presented it is, I would have thought, difficult to prove there has been default. The court application posted above is drafted on the basis that the cheque has been presented. Is an expressed intention to default sufficient? I do not know. I do not think you want to present that question to the judge.

 

Since the question has had no response on this forum (which is not surprising since it is a tricky question) I shall post it on another and then post the link here.

[Aequitas]

This is the link:

 

swarb.co.uk :: View topic - Suing on a cheque

[beverleyt]

i h

[Steve__M]

Common sense would suggest that the worst that can happen is that the court would not award you your bank charges for the bounced cheque, and might reduce your compensation by the amount of the landlord's bank charges because you brought these losses on yourself. But IANAL.

 

Perhaps you should give another warning saying that for the reasons above you will bank the cheque in 7 days despite the landlord's warning and, if it is returned, commence action on the cheque without further notice. Include the draft particulars of claim to show that you're armed to the teeth and ready to go.

[Planner]

No ones asked! when did the AST start, what date, and was the depsoit placed in a TDS (if relevant) and did you recieved the prescribed information on said TDS (if relevant).

[daisymoo]

My tenancy started May 2006 so deposit not put in the deposit scheme.

[Planner]

And I assume you havent signed another one since then? - youve just been on a periodic (month by month).

[daisymoo]

Yes that's right. I wasnt asked if I wanted to carry on my tenancy so it just carried on a month by month basis. I banked the cheque today so when it bounces back I will start the small claims.

[daisymoo]

The cheque has come back as expected with "Payment stopped" stamped on it. Should I just change the particulars of claim to say the cheque says payment stopped instead of refer to drawer?

[Planner]

Dont think it makes a lot of difference, either way the cheques not been honoured. For the sake of consistency, you might as well change it.

[beverleyt]

Th

[DCA-KING]

Hi As you said he phoned you what proof does he have that you got the message i would say i didnt get it in court thats why i banked the chq

a landlord can charge for damages but not for wear and tear

he cannot charge you for the damp proofing dont know about the grouting was it just black because of the damp

THE LANDLORD IS REQUIRED BY LAW TO KEEP THE HOUSE IN A GOOD STATE OF REPAIR

[DCA-KING]

Hi As you said he phoned you what proof does he have that you got the message i would say i didnt get it in court thats why i banked the chq

a landlord can charge for damages but not for wear and tear

he cannot charge you for the damp proofing dont know about the grouting was it just black because of the damp

THE LANDLORD IS REQUIRED BY LAW TO KEEP THE HOUSE IN A GOOD STATE OF REPAIR did you ever or did he know there was a problem with damp in the bathroom

if he did first thing court would want to know is why he int done nothing about it