20 October 2023
The ‘return’ of a cheque posed a conundrum for the courts in a recent case about the return of a tenant’s deposit on a rented flat. In this week’s NLJ, Edward Blakeney and Fern Schofield, barristers at Falcon Chambers, examine the case along with the ‘surprisingly knotty problem of returning tenancy deposits by cheque and the surprisingly limited amount of authority on this question’
Deposits must, by law, be protected by the landlord, but the ins and outs of exactly how a deposit should be returned are not legally clear. The question before the court was whether or not the return of an uncashed cheque constitutes return of a deposit. The tenant in this case did not accept cheques.
Blakeney and Schofield look at the wider implications of the case, including in the event of the Renters Reform Bill passing into law.
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