Landlord witholding deposit

jesteh

I have recently moved out of the property I lived at for 2 years. On the last day, we handed over the keys, checked the inventory with landlord at the end of which, he stated that he is happy with how we left the place and will send us the deposit back. Since then, we received a deposit cheque in the post from which the landlord deducted 10% towards cleaning (we left the place clean and he was happy with this at inspection). We wrote to landlord to ask about deduction and have not heard back. Landlord is also not answering phone calls or emails. On top of all this, the deposit cheque has been returned by the bank with "Refer to Drawer Please represent" printed on it so we have not received any of our deposit back.

Anyone know where we currently stand on this and what is the best way to sort this out. Our relationship with our landlord has always been good so this has all come as a complete surprise.

Thanks in advance.

poppy10_2

Ultimately if he doesn't respond small claims court is your only way out.

tbs624

My suggestion would be to re-present the cheque immediately,and also write Rec Delivery to the LL, formally informing him that you have had to do this, because it was not honoured by his bank on the first occasion. Keep a copy of your letter and notes on any other attempts you have made to have contact.

State that if the cheque fails to clear again and/or you have not received payment in full within 7 days, you will have no alternative but to begin proceedings through the court. When you write a cheque you are legally obliged to honour that payment, except in a couple of specific circumstances, neither of which would apply here. The fact that it bounced the first time could go have been down to sloppy book-keeping on his part(IMO unforgiveable for a LL handling other people's money) but that's no excuse when he owes you the money. The fact that he's ignoring your attempts to contact him suggests he knew that it would bounce . Tell him you’ll also claim for interest and the costs involved in chasing it up. If it's over a certain amount you can always petition as a creditor for his bankruptcy.......................