Bounced cheque (HSBC)-house deposit

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?
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.

Annie1960

So did the LL cancel the cheque after he had written it, or did the cheque bounce?

Elfbert

Annie1960 wrote: »

So did the LL cancel the cheque after he had written it, or did the cheque bounce?

It sounds as if the LL purposefully took money out of the account so it would bounce, rather than cancel it.

jjlandlord

You can sue on the cheque. As a cheque is an unconditional promise to pay there is no defence.
However, your landlord would be able counter-claim for whatever amount he thinks you owe him. He would have to prove it of course.

BobQ

Was the house deposit protected by one of authorised schemes?

Salitiss

What is the differences between bounced and cancel cheque?the deposit does not protect by any schemes.He said the money in his account become inefficient is because the service charge of clean and repair house. The service invoice issued date is 9th of April, the date that I have not move out. But I found it strange that during this period no one come cleaned the house. I even dont know he quote the service.

G_M

I assume this is in England?

the deposit does not protect by any schemes.

In that case, you can sue the landlord for not registering the deposit in a scheme, and claim 3 times the deposit as penalty. That is as well as the deposit itself.
He can still counter claim for any damage/cleaning he thinks is justified - but he must prove it.

Was there a check-in inventory when you movd in? Did you agree/sign it? What did it say about the cleanliness of the property at that time?

Your starting point should be a letter to the LL:

Dear Mr Landlord,

LETTER BEFORE ACTION

I am writing with regard to the deposit on my tenancy at 123 Acacia Avenue, PP96 ZYY

1) I note that you repaid this by cheque which has not been honoured by your bank. Since a cheque is an unconditional promise to pay, this amount is now due, in full.

2) I note that the deposit was never registered in a recognised scheme as required by law (Housing Act 2004 & Localism Act 2010). The penalty for non registration is up to 3 times the deposit.

3) I note that you are now belatedly claiming damage and/or cleaning. You have as yet not advised me what the supposed damage was, and what the associated costs was. Likewise you have provided no evidence of the need to clean the property in order to reach a standard equal to that at the start of the tenancy
a) I dispute any claim for damage. If damage ocurred it was after the tenancy ended
b) I dispute that the property was less clean when the tenancy ended than it was at the start of the tenancy

Kindly ensure that I receive cleared funds to the full value of the deposit (£xx) in my account (sort code xx-xx-xx; account number xxxxxxxx) within 5 working days, or I shall take legal action.

Kindly note that legal action will add legal costs to my claim, as well as the penalty for non registration of the deposit.

Yours sincerely

Salitiss

Salitiss

Guys you are awesome, I think I had lesson from this experience. Thank you G_M, I just send email as what you posted. 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.

anselld

Re-present the cheque.

If he has topped up the account again it will get paid.

Annie1960

Salitiss wrote: »

What is the differences between bounced and cancel cheque?

See this link - the part on cancelling cheques explains that it is a criminal offence to write a cheque that bounces.

http://www.adviceguide.org.uk/nireland/debt_ni/debt_banking_e/cheques.htm

BobQ

Salitiss wrote: »

Guys you are awesome, I think I had lesson from this experience. Thank you G_M, I just send email as what you posted. 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.

Are you saying that he has promised to return the deposit but is still claiming you must pay for cleaning and repairs.

It does not matter what invoice he shows you the costs must only be to put the house in the original condition.

Maintaining a house usually means keeping it clean, cutting the lawn, cleaning the curtains. It does not mean doing plumbing repairs.

Do you know what he means by house damage and in what way did you cause it? He can claim damage from you if you did any such as stains or burned worktops but damage is not normal wear and tear.

£500 sounds too much to clean carpets, oven and windows. I would ask for an itemised list. Also the firm must have done the work. He cannot just write an invoice. Are you saying you were living there when the work was done? How could it have been without you knowing? Its quite unusual to clean a place until the tenant has left.

The point to remember is that whatever you may owe him is separate from the deposit. He has acted ILLEGALLY in not protecting the deposit and just paying the deposit back does not change this.