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final bills ,moving out of current let

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Comments

  • ems01
    ems01 Posts: 52 Forumite
    right thanks all ..... but have a gander at this

    ive just re-read my contract and it says as follows

    You have to pay a deposit of £595. You will get it back when this agreement ends and you and leave the property as long as you have paid all the rent and bills for the property. If you do not do so we may take from your deposit any rent legally owed to us or other money legally owed to us, resonable compensation if you have broken your agreements, or the reasonable cost of making good any damage which is not caused by fair wear and tear. We will keep the deposit until you have produced satisfactory proof that you have paid for the utilities gas, electricity, water and phone for the property. If you fail to do so we may pay any charges you owe from your deposit.

    surely thats illegal....how the hell can they go and pay my utillitys for gods sake ????

    see all the advice u wonderfull guys makes perfect sense , why cant the LA / LL do the same ...thanks guys ill let you know how i get on .
    em x
  • ems01
    ems01 Posts: 52 Forumite
    oh forgot to say , its in the DPS....X
  • tbs624
    tbs624 Posts: 10,816 Forumite
    edited 15 May 2009 at 3:03PM
    ems01 wrote: »
    right thanks all ..... but have a gander at this

    ive just re-read my contract and it says as follows

    You have to pay a deposit of £595. You will get it back when this agreement ends and you and leave the property as long as you have paid all the rent and bills for the property. If you do not do so we may take from your deposit any rent legally owed to us or other money legally owed to us, resonable compensation if you have broken your agreements, or the reasonable cost of making good any damage which is not caused by fair wear and tear. We will keep the deposit until you have produced satisfactory proof that you have paid for the utilities gas, electricity, water and phone for the property. If you fail to do so we may pay any charges you owe from your deposit.

    First off - good that deposit is scheme registered. My emphasis on quote above - the money for the utility bills does not come under "owed to us", it's owed to the utility companies against *your* name.

    You would be providing satisfactory proof of your payment arrangements by writing a letter as outlined in my previous post above, but the fact remains that the bills are, as most of us have said, a third party concern and nothing to do with the LA. They can put what they like in their agreements but it does not follow that they would be able to enforce in the event of a dispute.The only utility-related charges that they could possibly levy would be reconnection fees if the utilities were disconnected because of any non-payment on your part immediately prior to your expiry date. Stop worrying :smiley:
  • ems01
    ems01 Posts: 52 Forumite
    ok , i shall have a really good go at chilling out lol
    thanks guys, espc tbs
    i love this forum aye :)
    x
  • Geenie
    Geenie Posts: 1,213 Forumite
    As already stated bills follow the named people, so I am not sure why the LA's / LL are hassling about this?!

    That said, they could be picking minutely at the AST to cover themselves from any costs that could come from the energy suppliers by you not paying in full, ie meters having to go in at their expense!

    On the AST's I use in the General Terms and Conditions: Tenants Obligations, it states.... To pay for all gas, electric light, power and water which shall be consumed or supplied on or to, the property during the Tenancy.

    It also states that the deposit is security against the failure of the tenant to observe these terms and conditions!

    You may as already said have a fight to get it back quickly, but good luck OP.

    Also bear in mind that if you are in any arrears with your utilities, then the problems could follow you to your new property, and the new LL could get whiff of them and not be best pleased if it causes problems to them, so I would try and clear as quickly as possible.


    "Life is difficult. Life is a series of problems. What makes life difficult is that the process of confronting and solving problems is a painful one." M Scott Peck. The Road Less Travelled.
  • robpitt
    robpitt Posts: 86 Forumite
    Aye, it's unreasonable for a landlord to withhold deposit because of a payment schedule with a 3rd party - bluntly, its none of their business. I'm sure deposit arbitration would go in your favour.
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