problems with landlord

dan2002

hi friend of ours has just finshed a 12 month rental on 1 bed flat,all above board,landlord come out to check flat and found everything was fine,so wrote a cheque for the return of deposit,then few days later friend got a letter stating that he now found damage to the flat and was stopping the cheque ,to which he has now done,tryed to phone landlord but he is not answering his phone,can anyone one please tell us what we now can do to help this friend as this was his deposit for a new flat and now seems to be left out on a limb

thesaint

No quick way i'm sorry to say.

Has your friend banked the cheque and had it returned?

If yes, has the landlord given a cheque for the new amount, if not why not?

Gorgeous_George

Does your friend agree with the LL's new findings?

If (s)he agrees), then the LL needs to issue a new cheque. I'd ask for cash.

If (s)he does not agree or if the LL refuses to issue a new cheque following agreement, your friend should write to the LL requesting repayment IN FULL within 7 days. Again, I would ask for cash.

Come back to this thread and ask what to do next once the seven days expire.

I wonder if Martin has thought of a FAQ page.

GG

MrShed

Was a fully detailed inventory signed at the commencement of the tenancy by the tenant? What damage is he claiming?

dan2002

hi all thanks for the replys but the LL has taken the money back out of my friends account and is now not answering phone calls so we dont think he is giving any money back at all ,so we dont know what are next move should be.The thing that we dont understand is he did check the flat and if he had found anything we would not have given the deposit back ,anyone could have done the said damaged (if any damage has been done)as we cant see the damaged and only have the LL word,

MrShed

I guess you were replying as I was my two questions above are key.

dan2002

dont know about inventory ,but bathroom damage (dont want to go into items)but thing you would not have missed on checking before handing over any money if you know what I meen

MrShed

Well unfortunately without detailed answers to both questions it really is quite difficult to answer the "legal basis" question fully...

thesaint

The landlord cannot take the money out of your friends account.

dan2002

the cheque was returned (stopped)

dan2002

hi there was only a tenancy agreement sign and it said that the flat had to be left in a clean tidy state and everything as it was ,this is how the flat was left ,so we dont understand how this has happened