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  • FIRST POST
    • Niamhdaniels96
    • By Niamhdaniels96 6th Sep 17, 11:45 AM
    • 3Posts
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    Niamhdaniels96
    No money until utilities are paid
    • #1
    • 6th Sep 17, 11:45 AM
    No money until utilities are paid 6th Sep 17 at 11:45 AM
    Hi there,

    My old lettings agency took a months rent out of account when they weren't supposed to as I had moved out a few days prior to that. They deducted money for cleaning, admin and for returning my keys in late - which I can understand. However, they are not giving me back the rest of my money until the utility bills have been paid for and closed. Can they do this?? Please help!!! ☹️
Page 1
    • Guest101
    • By Guest101 6th Sep 17, 11:48 AM
    • 15,128 Posts
    • 14,763 Thanks
    Guest101
    • #2
    • 6th Sep 17, 11:48 AM
    • #2
    • 6th Sep 17, 11:48 AM
    No, they cannot do any of that.


    HOWEVER they also didn't take money out of your account did they? you forgot to cancel the standing order.


    The utility bills are nothing to do with them. I suggest you claim the full amount back via small claims court.
    • Niamhdaniels96
    • By Niamhdaniels96 6th Sep 17, 11:52 AM
    • 3 Posts
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    Niamhdaniels96
    • #3
    • 6th Sep 17, 11:52 AM
    • #3
    • 6th Sep 17, 11:52 AM
    Yes I forgot to cancel the standing order which is purely my fault.

    Me and my old lettings agency have been contacting through email - should I now threaten to take them to a small claims court?

    Thank you for your reply
    • Guest101
    • By Guest101 6th Sep 17, 11:54 AM
    • 15,128 Posts
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    Guest101
    • #4
    • 6th Sep 17, 11:54 AM
    • #4
    • 6th Sep 17, 11:54 AM
    Yes I forgot to cancel the standing order which is purely my fault.

    Me and my old lettings agency have been contacting through email - should I now threaten to take them to a small claims court?

    Thank you for your reply
    Originally posted by Niamhdaniels96


    There is a two pronged approach.


    1 is reporting the technical theft. The police may say it's a civil matter, but the theft act makes it an offence to keep wrongfully credited money. You would need to read up on this, bring paperwork and be prepared to argue the case with the officer.


    2 is issuing a letter before action then making a civil claim.
    • agrinnall
    • By agrinnall 6th Sep 17, 12:00 PM
    • 18,543 Posts
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    agrinnall
    • #5
    • 6th Sep 17, 12:00 PM
    • #5
    • 6th Sep 17, 12:00 PM
    Why don't you just pay the utility bills? Considering court action seems like complete overkill when there is a simple solution.
    • Niamhdaniels96
    • By Niamhdaniels96 6th Sep 17, 12:10 PM
    • 3 Posts
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    Niamhdaniels96
    • #6
    • 6th Sep 17, 12:10 PM
    • #6
    • 6th Sep 17, 12:10 PM
    There is an outstanding bill with utilities - I moved out because I couldn't afford to keep up with the bills. I have came to an agreement with the utility providers that I pay the outstanding bill off bit by bit so therefore won't be payed off fully for another few months
    • Guest101
    • By Guest101 6th Sep 17, 12:54 PM
    • 15,128 Posts
    • 14,763 Thanks
    Guest101
    • #7
    • 6th Sep 17, 12:54 PM
    • #7
    • 6th Sep 17, 12:54 PM
    Why don't you just pay the utility bills? Considering court action seems like complete overkill when there is a simple solution.
    Originally posted by agrinnall


    That's separate though.


    it's like a letting agent not returning your money until you paid off your credit card.


    in any case, the OP may need that money to pay it!
    • david1951
    • By david1951 6th Sep 17, 1:38 PM
    • 365 Posts
    • 413 Thanks
    david1951
    • #8
    • 6th Sep 17, 1:38 PM
    • #8
    • 6th Sep 17, 1:38 PM
    I would write a letter before action as Guest suggests (Google it - it's pretty straightforward) and demand the money back.

    Personally, I would say that ALL of the stuff they've taken out (cleaning, admin and for returning my keys in late) is a matter for the deposit (dealt with separately), and you require ALL of the money back immediately.

    Say that unless you receive the money within 2 days you will (i) report the theft to the police and (ii) file a Money Claim Online (MCOL).

    In those 2 days you can look at how simple it is to file a MCOL.
    Last edited by david1951; 06-09-2017 at 1:40 PM.
    • G_M
    • By G_M 6th Sep 17, 1:38 PM
    • 41,921 Posts
    • 48,516 Thanks
    G_M
    • #9
    • 6th Sep 17, 1:38 PM
    • #9
    • 6th Sep 17, 1:38 PM
    Hi there,

    My old lettings agency took a months rent out of account when they weren't supposed to
    No - that was down to you.

    as I had moved out a few days prior to that. They deducted money for cleaning, admin and for returning my keys in late - which I can understand.
    OK. And you accept the amount deducted yes?

    However, they are not giving me back the rest of my money until the utility bills have been paid for and closed. Can they do this?? Please help!!! ☹️
    Originally posted by Niamhdaniels96
    Depends. Since it appears the utility accounts are in your name (not the landlord's or the agency's) then the bills are not their concern.

    Write (yes a letter, to the landlord & copy the agent) and tell them so, and request the balance of your deposit back within 3 working days.

    If this does not work, raise a dispute via the deposit scheme. See

    * Deposits: payment, protection and return

    Re the over-payment you made: Letter Before Action.
    • Guest101
    • By Guest101 6th Sep 17, 1:39 PM
    • 15,128 Posts
    • 14,763 Thanks
    Guest101
    Depends. Since it appears the utility accounts are in your name (not the landlord's or the agency's) then the bills are not their concern.

    Write (yes a letter, to the landlord & copy the agent) and tell them so, and request the balance of your deposit back within 3 working days.

    If this does not work, raise a dispute via the deposit scheme. See

    * Deposits: payment, protection and return
    Originally posted by G_M
    It was an overpayment of rent, not deposit (or possibly both)
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