Bounced cheque(HSBC)

Salitiss

The Cheque is given by my landlord as return of deposit, with his signature. I have cheque in those amount of money to my account at 6th of Jun. When I check my account yesterday I found the cheque amount turns to UNPAID CHEQUE. I called my bank they said it because insufficient of fee in his(landlord) account. And then I contact landlord He say the house is damaged need me to pay repair fees, that is the reason why he refuse to pay cheque and keep account insufficient. Can I have my money back it around 400 pounds?
And I have read HSBC new rules, they cut off charges for cheque unpaid.Is that means I can not have my money back, and the landlord can always ignore the UNPAID CHEQUE?

chambta

He's stopped the cheque. You can't do anything about that.

Your problem will have to be resolved a different way.

grumbler

Yes, cheques get bounced routinely, and your bank can't help you with this.
And it's a common scam when landlords use every excuse for not returning deposits.

You have to sort this out with your landlord directly. Re-post on House Buying, Renting & Selling board.

Also, see MSE's Rent a property: Tips to help if you're renting

Salitiss

Can I against him with Small Claims Court, Because he already agreed to pay deposit and the Cheque is authorities with his signature.The damage and clean fees happened when I left the house, I did not known when he quote repair and clean service neither.

chambta

As Grumbler suggested you'd get a better response on the appropriate sub-forum.

jonesMUFCforever

Salitiss wrote: »

Can I against him with Small Claims Court, Because he already agreed to pay deposit and the Cheque is authorities with his signature.The damage and clean fees happened when I left the house, I did not known when he quote repair and clean service neither.

Yes you can and you will win as the cheque proves that he intended to refund you.

robatwork

Take him straight to court. As Jones says, the fact he has written a cheque is acknowledgement of a debt.

I doubt he will even defend it so you will get a judgement.

grumbler

Enforcing the judgement can be another problem though.
However, just a Letter Before Action sent to the landlord can have effect unless he doesn't mind having a CCJ in his credit files.

Salitiss

Thank you guys, I send a email as one G_M said in House Buying, Renting & Selling forum yesterday.The landlord agreed to return my full deposit by using account transit.
We had contract before
1. The house maintain by tenant, but landlord will come regularly to check house damage and garden.
2. The deposit have to return as he satisfied everything before we leave.
However he refuse to explain the service occurred in 9th of April.But he show me invoice: clean carpet, oven and window totally £500.house damage for plumb liking and do mastic sealant totally £322. There is no separate price list, only shows totally figure.It is a 4 bedroom property.