Landlord Witholding Deposit

ems28

I moved out of my shared flat over 2 weeks ago and I am yet to recieve my deposit back. On moving out my landlord informed me that he was going in for an operation but would get my deposit back to me in about 2 weeks. After 2 weeks I contacted him again and was told that he would only return the deposit once all mutual bills between myself and my previous flatmates had been sorted out. I sorted out the bills in my name a couple of days after leaving the flat. The gas and electricity bill are in my other flatmates names. I asked a week before moving out that they phone for bills. The electricity bill only came today and has been paid but the gas bill is yet to arrive. I am slightly doubtful that the person whose name the bill is in ever phoned for one.

I inofrmed the landlord of this and he replied that he "is sure the bill will arrive any day".

Is it legal for him to withold my deposit for this?

m_13

When did the tenancy start? If it was after 6th April 2007 then your deposit should be held in a scheme and you should have been given a reference number and information on where it was held within 14 days of the tenancy starting.

Take a look at DirectGov: http://www.direct.gov.uk/en/TenancyDeposit/index.htm

If your deposit is not protected you can claim for 3 times deposit back as a fine.

On the DirectGov page it says that:

Moving Out

At the end of the tenancy, check whether you are leaving the property and its contents in the condition in which it was let to you - allowing for fair wear and tear- and check that you have paid your rent and any other expenses. Then agree with your landlord or agent how much of the deposit should be returned to you.

Within 10 days – you should have received the agreed amount of the deposit.

If your landlord has been in hospital then that's difficult but it's not legal for him to not have it protected or to retain it.

bookduck

Generally speaking and in most cases if the bills are not in your landlords name, then it is non of his business and he is not liable and will not incur the wrath of payment not being met.

Saying this there may be covenats on the property saying that if the council charge , lease or ground rent is not paid then the owner if the property is liable.

If you agreed to pay all outstanding bills/debts/fees etc on the lease, then this still has to be paid.