cheque stopped - can i use small claims

Pablito100

Okay - basically upon leaving my current flat I received a cheque for the deposit from the new housemate who moved in - having checked that this was the appropriate thing to do with the lettings agency. However, when I cashed the cheque I found out it had been stopped and after speaking with the new housemate he said he didn’t have enough money to pay me the deposit and the current month’s rent which was due or else he go over his overdraft limit. This was quite annoying, but in good faith I told him to write me another cheque and post date it to the day he gets paid. I’m kind of a bit worried about him stopping this one also and if he does - do I have an option to pursue him for the money through the small claims court??? I though that despite him not yet signing a tenancy agreement, the fact that he wrote another cheque out to me would indicate that he does owe me the money!!!

Either that or I’ll take the boys round!!!!!!!!

Any help / advise / general banter would be much appreciated....

ShelfStacker_3

You know what's entertaining? We had a guy on here last night saying that he'd written a postdated cheque and wanted it stopped... coincidence, I hope.

Go to small claims if the next cheque bounces.

olly300

Your best bet is to get the money off him in stages i.e. half this month and half next month, and get the agreement written down and signed by both of you.

If he is that close to his overdraft limit that he can't agree to that then you need to be worried about him paying bills on time or rent in future. In other words you should kick him out now before you get into more trouble.

And in England and Wales tenancy agreement don't have to be written down. The mere fact that you pay rent means you have an agreement.

jonesMUFCforever

You can sue on an unpaid cheque and you would win - however whether you ever see any money is another matter.
Thought of turfing him out?