Cheque not cashed – Help!

by Readers Question

16:45 PM, 4th July 2016
About 2 years ago

Cheque not cashed – Help!

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Cheque not cashed – Help!

In July last year I let one of my houses to an HB tenant. The rent is £765 pcm with the local council paying £650, tenant topping up. help

Since that time the tenant has been consistently in arrears and I am always having to remind about payment, which eventually is paid.

When she moved in her mother gave me £600 which we agreed was rent in advance, I have a copy of this. In November I deducted £200 for arrears in agreement with her mother.

I am now looking to evict the tenant, but am told that I cannot do this under section 21 because the payment would be deemed to be deposit and not rent in advance – I didn’t protect this as was advised wasn’t necessary as was not a deposit, and have been advised to repay the whole £600 which I have done, but 10 days after sending my cheque to the mother it has not been cashed and I cannot contact her.

What can I do!
Any support would be welcome as I feel I m floundering here.
Regards
Pru



Comments

Romain Garcin

17:57 PM, 4th July 2016
About 2 years ago

Pru, I think you need to stop listening to whomever has been advising you!

From what you describe it is indeed likely that the £600 would be deemed a deposit.

If you have a written agreement to deduct £200 then you did not have to refund the whole £600 but only the £400 left.

Anyway, if you have evidence that you gave a cheque then it should be enough.
Indeed, a payment by cheque is made when the cheque is given, not when it is cashed.

Mark Alexander

18:59 PM, 4th July 2016
About 2 years ago

Reply to the comment left by "Romain Garcin" at "04/07/2016 - 17:57":

Good advice Romain, I have nothing to add.
.

Francis Drake

13:05 PM, 5th July 2016
About 2 years ago

Excellent advice above, however, since the cheque has not been cashed and since it is not deemed as a deposit why not stop the cheque and make a new one out for £400.00

Luke P

13:14 PM, 5th July 2016
About 2 years ago

My father was the test case for the definition of deposits. The judgement stated that, 'Anything over and above the contractual rent due is deemed a deposit' (regardless of what you call it). You are outside of the rules in what you are doing.


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