Witholding depost in case of unpaid bills?

nikki_angel

Is this allowed? We are moving out on Sunday and landlord has said we will get deposit back when we send him proof of utilities being paid in full. I thought a deposit was for damages etc?

Many thanks

Nikki

Kaleidoscope1972

has the LL protected the deposit?

sequence

No he can't, check it was lodged in one of the three DPS schemes.

Kaleidoscope1972

as sequence rightly says..check with one of the three schemes..but usually on the final checkout report, if everything is fine with the condition of the property..then the deposit should be released...

nikki_angel

I really don't want to annoy him as he has let us leave a month early as he has managed to transfer a couple of tenants from a HMO he manages into our property and no early release fees have been charged.

I have checked our tenancy agreement and it says the following -

.....the deposit is held by The Agent as Stakeholder which means that no deduction can be made from the deposit without the written consent of both the landlord and the tenant. The agent is a member of the Tenancy Deposit Scheme.....

......any interest earned will belong to (delete the options which apply) the tenant, the agent, the person paying the deposit, the landlord *none are deleted*....

......Deposit has been taken for the following purposes...damage....reasonable costs incurred.....unpaid accounts for utilities......

.....deposit will be returned within 20 days.....


......The deposit is safeguarded by the Tenancy Deposit Scheme which is administered by The Dispute Service......


So the long and short of it is that I have signed agreeing to it so I don't think there is a lot I can do. That will teach me not to read properly when excited about moving into somewhere! I blame the pregnancy brain I had at the time!

nikki_angel

OOOH, just checked the website and it says I should have had a certificate. I definitely never received one of those.

G_M

The utility bills are, I assume, in your name? Therefore the LL has no responsibility for them. Even if you haven't paid them, the utility companies will have to chase you for payment, not the LL.

So there is no justification for holding the deposit.

nikki_angel

That is what I was thinking G_M. So how do I go about getting the money if he insists?

Kaleidoscope1972

LL cant withold your deposit for utility bills..when you move I assume you will provide a final reading to the utility companies and your forwarding address and they will send you a final bill. The LL does not take responsibility for your bills

nikki_angel

Exactly right.

How do I go about this? I don't want to annoy him but I know my rights so to speak.

G_M

sequence wrote: »

No he can't, check it was lodged in one of the three DPS schemes.

Various previous posters have asked you if the deposit was registered in a recognised scheme. You have not answered this so it's hard to advise.

If you don't know, contact each scheme and ask. see here.

If registered, contact the scheme when you move asking for your deposit. They will check with the LL and if he refuses he has to give a reason. Utility bills will not do. There is an arbitration process in case of dispute.

If not registered, take him to court. He can be fined 3 times the deposit for not registering your deposit.