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Need Advice : Trouble with Landlord

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  1. #1

    Join Date
    May 2017
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    183

    Need Advice : Trouble with Landlord

    Hi Everyone,

    I'm stuck in an issue with my ex-landlord. I vacated the apartment, Landlord inspected the apartment, and gave a Bank Check for the security deposit. The Next day, the landlord found a repair and blocked the check from being encashed. Now, He's demanding the costs of the repair before clearing the check.

    I don't want to pay the costs as I'm not sure how did it happen. What can I do to force my landlord to clear the check ?

    Last edited by sunyhk; 22-09-2022 at 02:42 PM.

  2. #2

    A bank cheque is issued by a bank. Only the bank can stop it, not the landlord.

    Separately, landlords usually (and should) do an inspection after the tenant vacates and only refund the deposit after identifying any damage.

    To answer your specific question, if the landlord has photos or other evidence as to the condition of the property before the commencement of the tenancy and the damage goes beyond "fair wear and tear", then you can't force them to clear the cheque.

    What you can do is take your case to the Lands Tribunal.


  3. #3

    Join Date
    May 2017
    Posts
    183

    Landlord blocked the cheque by removing money from the Bank account and hence, the cheque bounced.

    He conducted an inspection of the apartment. Got satisfied, accepted the keys of the apartment from me and handed me the Bank cheque. The Transaction should've ended there.

    The Next day, He reported another repair which I was not aware of.


  4. #4

    Join Date
    Dec 2010
    Posts
    1,026
    Quote Originally Posted by sunyhk:
    Landlord blocked the cheque by removing money from the Bank account and hence, the cheque bounced.

    He conducted an inspection of the apartment. Got satisfied, accepted the keys of the apartment from me and handed me the Bank cheque. The Transaction should've ended there.

    The Next day, He reported another repair which I was not aware of.
    Did you guys sign anything and gave keys?

    Is the damages actually something you did?

  5. #5

    Join Date
    May 2017
    Posts
    183

    Didn't sign anything extra before handing over the keys. I only have a stamped tenancy agreement.

    He inspected the entire apartment, told that everything seems fine, took the keys and handed me the Bank cheque.

    The repair he found the next day was regarding an electric appliance, which I haven't used for over an year. Hence, I'm not sure when it broke down.


  6. #6
    Quote Originally Posted by sunyhk:
    Landlord blocked the cheque by removing money from the Bank account and hence, the cheque bounced.

    .
    Then it's not a bank cheque.
    emx likes this.

  7. #7

    Join Date
    May 2017
    Posts
    183

    Yes, It's a simple cheque and not a pre-cleared Bank draft or demand order.


  8. #8

    Very difficult to find trustworthy landlords on security deposits, tenant should request for cash settlement or don't hand over keys until payment cleared.

    Best, if you didn't do any damage in house then adjust last 2 months rent in security and welcome the landlord to inspect the flat for damages, now I know many of you say it's not legal and contract prohibit it but it's better than suffering from unnecessary headache without any of your fault.

    sunyhk and FrancisX like this.

  9. #9

    Join Date
    Feb 2005
    Location
    Manchester, UK
    Posts
    7,299

    u r screwed, LL rented an apartment with all working electrical appliances and now when they went back they found one that was not working anymore and you have no clue when it was broken as you say you didnt use it for over a year. they will still say you broke it lol

    He says she says back and forth shite. Good luck getting that deduction back.

    two options.

    1. Suck it up and get it deducted from the deposit
    2. Fight the fecker and go to small claims court.


  10. #10
    Quote Originally Posted by sunyhk:

    I don't want to pay the costs as I'm not sure how did it happen.
    Assuming the 'repair' was not carried out by you and is a pre-existing condition. Was the apartment leased through an estate agent who may have kept a record of the damage/defect?

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