Landlord not returned deposit yet

penguingirl

We moved out of our rented flat at the beginning of November. The flat was checked and everything was so fine, so we should be receiving our full deposit back.

Our landlords originally asked us for meter readings (which we gave), but they have since asked to see our final bills, and they now want to see that it has all been paid. We have shown them our final statements/bills, but because we pay everything by DD we don't have something showing that it has definitely been paid. And also the water account is still open because it has been transferred to our new property (whereas British Gas closed our account once it was cleared and re-opened).

So basically are our landlords within their rights to get evidence that we have settled up? Is the fact that we have had bills for the old flat to our new address not enough? And they know our account details (they photocopied the bills), can they not just ring up and enquire if they are any outstanding bills?

As an aside our deposit wasn't protected. If they return our full deposit we're not bothered about this (we'd moved out by the time we thought about it).

Enfieldian

Send the Landlord a Letter Before Action (LBA) requesting the return of your deposit within 14 days or else.

(The else being that you will start proceedings for non protection which would cost them the 3x fine plus your costs.)

penguingirl

Is there any legal stuff to say that landlords can't withold the deposit until they have receipts for bills (or likewise if they can!)? I have read elsewhere that they shouldn't use deposits for utilities anyway, but this only seems to be hearsay and I'd like the source information!

lellow_lorry

I think you should send a letter before action, they are timewasting and about time you had your money in full. With respect to any heating/utility bills. they have no right to see if they have been paid off as they do not carry over to the LL irrespective of whether you paid or not. As far as the LL is concerned as long as final meter readings have been taken by yourselves and them then there should be no issue over who owes what.

lellow_lorry

they cannot deduct utilities from from the deposit. It is up to the utility provider to chase you. The fact that your deposit was not in a deposit scheme would now be sending warning signals to me. This is a scheme to protect tenants and LL's, so should be used, it appears your LL thinks he can ignore the rules

Loustevo

Hi

I had the same issue. When I moved into a rented property the landlord said that the water was covered by him as the property I was renting was on his grounds - silly me didn't get that in writing!!

When it came to vacating the property - mine too wanted copies of the final bills which I provided but he asked for a copy of the water bill - when I replied saying that he was covering it he denied all knowledge and referred to the tenancy agreement (of course it was in there saying that I was responsible for the water) so I phoned Thames Water and I had 2 and half years of water to pay - just over £600!!!!!!!!!

I asked Thames Water why they hadn't chased me for payment as I'd never received a bill let alone a letter from them they informed me that they sent letters to the landlord and that it was his responsiblity to inform them if the property was being lived in.

My question is can Thames Water charge me for the full 2 and half years or is there some law that says if you haven't been invoiced for 6 months etc then you don't have to pay???? Clutching at straws I know but I'm also kicking myself for not getting it in writing from the landlord - won't make that mistake again!!!!

Any advice would be fab as I've got to pay the bill shortly :-(

Thanks heaps
Lou

Enfieldian

Loustevo wrote: »

is there some law that says if you haven't been invoiced for 6 months etc then you don't have to pay

Alas, no....

tbs624

Loustevo wrote: »

.... referred to the tenancy agreement (of course it was in there saying that I was responsible for the water) so I phoned Thames Water and I had 2 and half years of water to pay - just over £600!!!!!!!!!

I asked Thames Water why they hadn't chased me for payment as I'd never received a bill let alone a letter from them they informed me that they sent letters to the landlord and that it was his responsiblity to inform them if the property was being lived in.

My question is can Thames Water charge me for the full 2 and half years or is there some law that says if you haven't been invoiced for 6 months etc then you don't have to pay???? Clutching at straws I know but I'm also kicking myself for not getting it in writing from the landlord - won't make that mistake again!!!!

Any advice would be fab as I've got to pay the bill shortly :-(

My highlighting. Essentially, you signed your tenancy agreement without reading it through and you are in fact committed to paying the water bill for the duration of your tenancy. Had you read that clause (a) before you signed up, you could have challenged the LL (b) after you signed up, then you would have known to contact the Water Co. so that the bills came direct to you.

Moral of the tale -don't sign a legal document without reading it. Never expect a LL or utility supplier to be responsible for moving in /moving out info. Check it yourself, and confirm in writing.Always.


That said, am surprised that the water co. didn't push the LL for payment for two and a half years.

penguingirl

Just to give an update. We emailed them a couple of weeks ago highlighting that we were aware the deposit wasn't protected and we would shortly be sending a letter before action and that if pursued to court we could get our deposit x 3.

Needless to say we got a quick response saying it had been sent the day before and within a couple of days the money was in our bank account

Thanks for your invaluable advice guys!