Landlord pretending to have paid back deposit

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    Landlord pretending to have paid back deposit

    At the end of my tenancy I met the landlord for a check-out inspection and he told me that he was going to return my deposit in full. A week later I received an envelope in the post containing a letter from the landlord stating that he'd enclosed a cheque for the deposit. There was definitely no cheque in the envelope (just his letter) and the envelope looked like it was properly sealed when I received it.

    At first I assumed it was a genuine mistake and that my landlord had simply forgotten to include the cheque. I sent him a friendly e-mail explaining that no cheque had been included with his letter however a few days later he replied telling me that he'd paid me my deposit back and that he'd be ignoring any further correspondence from myself. I'm now staring to suspect that he deliberately didn't include the cheque and that this is his trick to avoid having to return my deposit.

    Does anyone know if there's any way of proving that somebody never send you a cheque? Has anyone got any advice as to what the best thing to do in this situation would be? Would this be a legitimate reason for lodging a dispute with the deposit protection scheme?

    Many thanks in advance for your help.

    #2
    Ask him for the cheque number.
    It will be simple to prove that he didn't give you the cheque.

    What company was the deposit protected with?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

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      #3
      Send him a "letter before action" then sue him through courts.

      Was deposit protected? Within 30 days of you paying it?

      You may also raise a dispute with deposit scheme.

      It is (just) possible it is a genuine mistake.
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #4
        Thanks for your reply. The deposit is with MyDeposits. Would there be anything to stop him from just making up a cheque number or just taking a cheque out of his cheque book, giving me the number then throwing the cheque away?

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          #5
          Originally posted by JohnLZ View Post
          Thanks for your reply. The deposit is with MyDeposits. Would there be anything to stop him from just making up a cheque number or just taking a cheque out of his cheque book, giving me the number then throwing the cheque away?
          No nothing to stop him doing that or writing in the stub 'return of deposit' he will of course use this amazing evidence when he goes to court and will lose.
          "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

          What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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            #6
            Thanks everyone for your help. I will e-mail my landlord to outline what my next course of action will be (giving him a final chance to make sure that the cheque isn't still sitting on his desk etc) and if it isn't sorted after the weekend will submit a dispute to the despot protection scheme.

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              #7
              Originally posted by JohnLZ View Post
              ...if it isn't sorted after the weekend will submit a dispute to the despot protection scheme.
              I don't even see why we're protecting these despots! It's a scandal.

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