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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi,I'm having a dispute with my landlord regarding the

Resolved Question:

Hi,
I'm having a dispute with my landlord regarding the return of the deposit. He asks me to accept a cheque instead of a bank transfer. My question is: Is it possible for him to force me to accept a cheque? Reading my AST (clause 2(g)), it clearly states that "If there is more than one person forming the Tenant, the Landlord or the Landlord's agent may, with the written consent of the Tenant, return the Deposit by cheque to any one person forming the Tenant at his last known address."
Thanks for your help in advance!
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I am afraid clause 2(g) would only be applicable if there are 2 or more tenants and the important word is "may" not "shall" i.e. the landlord has discretion whether to pay by cheque or not.

In your case I am afraid you cannot do anything if the landlord chooses to refund the money by cheque as opposed to your preference of a bank transfer.

Sorry
Customer: replied 2 years ago.

Hi,

of course I lived in the dwelling with more than one person (4 in total) and we didn't form a single family. What are our options here?

Kind regards,

Martin

Expert:  UKSolicitorJA replied 2 years ago.

Thank you.

I am afraid the landlord may elect to pay you by cheque if that is what they insist instead of bank transfer.

May I help further?

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Customer: replied 2 years ago.

Hi,

now that I provided the full AST to my company's legal department they suggest exactly the opposite. I'm still a bit frustrated.

KR,

Martin

Expert:  UKSolicitorJA replied 2 years ago.
Perhaps there is another obligation in the AST. Please upload it here using the paperclip icon
Expert:  UKSolicitorJA replied 2 years ago.
I am afraid my original answer still applies as I do not see any express obligation in the AST agreement to refund the deposit by bank transfer. See clause 2(l) which is relevant here and it does not state the payment method. In the absence of this payment method, the landlord may pay by cheque which is a legal form of paying money as is a bank transfer or a cash payment.
Customer: replied 2 years ago.

Hi,

I completely agree that a cheque is a legal payment method still it's the slowest and somehow insecure in case the envelope with the cheque is lost. Up to now we always paid our rent and deposit via bank transfer so I don't see any issue with the agency to use the same payment method this time.

Thanks for your time. I'm planning to file a dispute with our DPS company any way I just wanted to weigh my options beforehand.

Kind regards,

Martin

Expert:  UKSolicitorJA replied 2 years ago.
Welcome and good luck.