Unruly Landlord

[jo5ephedward5]

i think you can still take him to court, maybe it states he has 14days to pay you - but surely he gave up that right when he gave you the cheque!?

[Planner]

Willo - I find your posts very difficult to read. Can you use capital letters and full stops as a starting point? failing that can you at least layout the post in paragraphs?

 

- He his right, it is not a legal requirement for a landlord to produce an inventory, however how can he then subsequently prove that the property has been altered/damaged when the tenant moves out if there is nothing in writing/photographs to compare it to?

 

- I would dismiss his claims that an inventory would 'undermine' the tenant/landlord relationship, he either forgot to do it or hasnt done it with the intention of witholding the deposit.

 

- Did you uproot all the mature shrubs from the garden? - if so why?

 

- What evidence from independant sources has he supplied you with concerning the kitchen units and woodflooring? -How does this evidence show that their condition is different when you moved out than when you moved in? - have you damaged the flooring and kitchen units?

 

- You cannot be charged for damaged to the wall caused by the neighbours vehicle.

[Steve__M]

Mr Shed has given you the best advice. Take it!!! Sue on the cheque alone and let the landlord worry about dilapidations.

[willo9173]

They were all dead plants and dead shubs which made the front garden look untidy.

In are lease it says

3(e) At such time as may be necessary to keep garden or yard neat and drains and pipes clear.

 

He sent us all estimates

 

builders woodflooring 450.00

front wall 100.00

garden centre plants 217.08

 

The flooring was already worn by front door and back door.The flooring looked like he had laminate flooring and he had varnish it

[willo9173]

When we were sighning out of the property the landlord went around the property and said everthink was fine and then wrote us a personal cheque for our deposit.

He then cancelled it a 3 day later.

[Planner]

In your post you have said the landlord has replied by saying;

 

i have provided you with all the relevant evidence from independent sources which fully support my claim that my property with specific refernce to the kichen units and wooden flooring was not returned in the condition in which it was left to you

 

Has he in fact just supplied you with quotations for the items replacement? - Quotes for work doesnt show the condition of the property at the start of the tennacy has he seems to imply. You havent answered one of my questions - Have you damaged the woodflooring and kitchen units?

 

Again if the shrubs where dead and needed removing, he has no proof to indicate otherwise. That part of the lease you have mentioned above stating keeping drains and pipes clear is the landlords responsibility not yours.

 

What you need to do is claim through the county court using a N1 claim form (of the online service). I agree with Mr Shed that you should claim on the stopped cheque, as 'in theory' there should be no defence for a stopped cheque. However, the landlord is likley to put in a counter claim for all the works he claims need doing.

 

You have a strong case. Print off an N1 claim form, fill it in, and send it along with a Letter Before Action (LBA) to the landlord stating that if you do not recieve payment in 7 days you will submitt a claim to the county court without further notification.

 

If after 7 days he hasnt coughed up, submit the claim. Remember to include interest and the court fee.

 

Found this from another post on here relating to a car accident;

 

You can now sue the driver for the full amount of the cheque, plus interest and costs under the Bills of Exchange Act 1882 and there is virtually no defence that they can use.

 

Under the Bills of Exchange Act 1882, cheques are contracts in themselves. As such, they are a promise by the drawer of the cheque that the person to whom it is addressed will be paid the money as stated on the cheque. This is the case irrespective of the purpose for which the cheque is paid and there are only very limited exceptions. If there are insufficient funds in the account to meet that promise or if the drawer of the cheque stops payment, the cheque has been dishonoured and the contract broken. You need only give notice to the bank that the cheque has been dishonoured and then you are entitled to sue them on the dishonoured cheque, get judgment and enforce it.

 

Under law, when you write a cheque to someone you effectively promise that the cheque will be honoured and if, for whatever reason, the cheque is not honoured you imply that you will compensate that person in full. So as this cheque has not been honoured you can immediately sue the driver and there is virtually no defence that the driver can raise to that claim.

Edited November 28, 2008 by Planner

[willo9173]

WE DID NOT DAMAGE AND KITCHEN UNIT OF FLOORING IT MUST OF ALREADY BEEN DAMAGED.

Landlord also sent us pictures which looked like they had been played with to look bad.

We have found out landlord works for a letting agent.

[willo9173]

Can any one help me but a (LBA) together.

i have already sent landlord one i copyied from ed999 from the sticky

please please?

[Steve__M]

Something like this?

 

Dear landlord,

 

Letter before action.

 

You issued me with a cheque for £550. When presented to my bank, it was dishonoured, and I incurred costs relating to this of £66.

 

You should be aware that a cheque is a promise to pay in its own right, and should I need to take court action to recover this action I am highly likely to be successful.

 

To avoid such court action, please send me £616 within 14 days. If you do not do so, or if you issue me with another invalid cheque I reserve the right to take court action to enforce payment of the debt without further notice. I will claim for the above amount plus interest at 8% plus court costs and my expenses which are likely to substantially increase the amount due.

 

Yours etc.