Landlord "forgetting" to refund deposit/overpayment

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    Landlord "forgetting" to refund deposit/overpayment

    Hello

    I have just moved out of a property. I had a 6 month tenancy and unfortunately after 4 months the landlord sent me a letter stating he couldnt rent it out anymore and I would have to leave at the end of the tenancy. I was gutted but didnt cause a fuss and although couldnt find anywhere else to live put my belongings in storage and am staying with a friend.
    Anyway, because i was short of cash to move the landlord let me use my deposit as my last months rent and took a cheque for the sum (£725) which he told me he would return at the end of tenancy if everything was ok.
    On the last day he came and inspected the house, after an agonising 15 minute inspection he told me he would have to post me my cheque as he had forgot it.

    Great I thought, but low and behold 3 days later i check my bank and he has cashed the cheque. I tried calling him but he has not returned my calls. I have called the bank, they tell me they can only stop a cheque by 1:30pm the day it is paid in and as I missed that time frame there is nothing i can do other than hope it bounces (I am now £700 overdrawn and dont have an overdraft!) They told me the only thing i can do is start a Fraud investigation.

    the LL sent me a text message today saying he got my message and is sending me a cheque tomorrow, although i think this is his way of deducting money without talking to me.

    I dont even know what i want people on here to say. Is there any advice anyone can give? I wrote the cheque so i guess i cant go to the police, its just turned into me checking the bank balance every hour to see if this man is still stealing my money!

    #2
    Well I suggest you give it a couple of days for the LL to give you the cheque, if he doesn't or the amount is not reasonable. Then you would have to go through small claims court to get your money back.
    Don't think it would be classed as fraud, as far as the police are concerned it’s a civil matter.

    Comment


      #3
      If it was an Assured Shorthold Tenancy (was it?), then your landlord should have protected your deposit under the Tenancy Deposit Scheme. It sounds as if he has not done so. If that is the case, you are entitled to file a claim online against him for three times the deposit. The fact that your landlord has tried to cash your cheque himself at this point suggests he is trying to bypass the TDS. This is illegal.

      Prepare your claim (by filling in the claim form on line - it is very straightforward) then write to him straight away enclsiong a print-out of the claim. Tell him that unless he returns your deposit in full within 7 days, you will press 'send' on the claim and you will see him in court.

      The chances are you won't need to go to court at all; the threat of this action will probably stir him up enough to return your money. He sounds a real slimeball and you have my sympathies.

      I bet there was no proper inventory either?
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        Response

        Hello
        You have become a victim of fraud.
        Contact the Police and make out a complaint to them, at least you'd gain some money back through the criminal injuries compensation scheme.
        Takes a good while but it'll give you some return.


        I have just moved out of a property. I had a 6 month tenancy and unfortunately after 4 months the landlord sent me a letter stating he couldnt rent it out anymore and I would have to leave at the end of the tenancy. I was gutted but didnt cause a fuss and although couldnt find anywhere else to live put my belongings in storage and am staying with a friend.
        Anyway, because i was short of cash to move the landlord let me use my deposit as my last months rent and took a cheque for the sum (£725) which he told me he would return at the end of tenancy if everything was ok.
        On the last day he came and inspected the house, after an agonising 15 minute inspection he told me he would have to post me my cheque as he had forgot it.

        Great I thought, but low and behold 3 days later i check my bank and he has cashed the cheque. I tried calling him but he has not returned my calls. I have called the bank, they tell me they can only stop a cheque by 1:30pm the day it is paid in and as I missed that time frame there is nothing i can do other than hope it bounces (I am now £700 overdrawn and dont have an overdraft!) They told me the only thing i can do is start a Fraud investigation.

        the LL sent me a text message today saying he got my message and is sending me a cheque tomorrow, although i think this is his way of deducting money without talking to me.

        I dont even know what i want people on here to say. Is there any advice anyone can give? I wrote the cheque so i guess i cant go to the police, its just turned into me checking the bank balance every hour to see if this man is still stealing my money![/QUOTE]

        Comment


          #5
          You're correct in that assumption, there wasn't a inventory at all in fact. He said his last tenant left all her stuff behind and just put anything I didnt want in the garage and he would collect it later. He never did though but I didnt mind as I had my own furniture and didn;t need the garage

          Comment


            #6
            Originally posted by Shawnus View Post
            You're correct in that assumption, there wasn't a inventory at all in fact. He said his last tenant left all her stuff behind and just put anything I didnt want in the garage and he would collect it later. He never did though but I didnt mind as I had my own furniture and didn;t need the garage
            If there was no inventory at all, your case for getting your deposit back is even more watertight since he cannot make any deductions for damages, etc (because he would have absolutely no evidence at all).

            You could go down the 'fraud' route but I think the small claims court threat for your deposit should be more starightforward and produce some money faster.

            Good luck, whichever you decide upon.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


              #7
              [QUOTE=jacksopj;92335]Hello
              You have become a victim of fraud.
              Contact the Police and make out a complaint to them, at least you'd gain some money back through the criminal injuries compensation scheme.
              Takes a good while but it'll give you some return.

              How does one gain entry to your incredible parallel universe jacksopj ?

              Comment

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