Getting deposit back, unreasonable request?

Sillychuckie

I and 3 friends rented a house last year and have moved out. We are trying to get our deposit back.
The agency keep getting us to jump through lots of hoops and then changing their minds or putting up more hoops. I finally refused to deal with them other than via written (recorded) letters, and have got them down to 1 remaining 'hoop'.

They want us to prove that there is a £0 balance on our water bill and it has all been paid.
When we paid the water bill, we sent a cheque (to United Utilities) and as a result, our only proof is the bank statement (which we have provided to them). They don't deem this to be sufficient proof, and want a statement from united utilities confirming it.

I have called (and written to) united utilities on about 10 occasions, but they have not provided me with the documents I requested. They also have sent nothing to indicate there is any further monies owed.

Should I be:

a) Taking the agency to court using the argument that their request for a united utilities £0 confirmation is unreasonable, because United Utilities never send one (even though they always say they will). They should contact United Utilities themselves, directly.

b) Taking United Utilities to court because they refuse to confirm or deny whether any further money is owed to them.

Is the agencys request acceptable, bearing in mind it is out of my control if the 3rd party (united utilities) choose to provide me with the documents the agency are requesting.

Thanks.

star1_2

Just write to United Utilities, Recorded delivery - giving them 14 days to produce a statement on the acount (that will show your payment). Politly but firmly state in the letter any failaure on their part to do this will result in you issuing a compaint against them to OFWAT (the ombudsman for the water authority).

Sillychuckie

I have already written such letters. I'll just go straight to the OFWAT.
As mentioned in my first post, I contacted united utilities over 10 times, 3 of which have been by letter.
Thanks for the OFWAT reference, i'll try them.

hjb123

I dont think that taking United Utilities to court would prove anything. Check out the following site about deposits
http://england.shelter.org.uk/advice/advice-3007.cfm

Hope it helps. I would personally send a letter to the landlord/agency stating that you have repeatable asked UU to send confirmation of you owing nothing which they have failed to do and now you are requesting the deposit. back.

Good Luck

clutton_2

how i agree with ts___aly2000 - even if it is written into your AST - it is an "unfair term" and the agency cannot with-hold the deposit on these grounds. This debt is nothing to do with the Agency or the landlord.

i think these antiquated clauses in old agreements hark back to when an "address" rather than a name was "blacklisted" for poor credit, and landlords were, understandably worried about their own credit if they moved back into the property.

Give the agency 7 days to refund your deposit, or you will issue a summons in the small claims court for recovery.

Is this the only reason they say they are witholding it ?

liz545

Sillychuckie wrote:

I and 3 friends rented a house last year and have moved out. We are trying to get our deposit back.
They want us to prove that there is a £0 balance on our water bill and it has all been paid.

I had this with our previous landlord; I think your best bet will be to file a small claims against the agency (and report them to ARLA if they're a member) as this is an unfair term, as clutton says, and you've already provided them with as much proof as possible. You won't be able to get the agency to speak to UU, UU will just hide behind the data protection act and refuse to confirm anything. A letter to OFWAT might be a good idea too. Good luck!

Sillychuckie

Thanks for all your replies. The agency is using this as their last excuse why not to pay the deposit back.
It hadn't occured to me (although thinking about it now, it seems blindingly obvious) that they have nothing to do with the debt between me and the utilities people and as such, I shouldn't have to prove anything to them.

We did register all utilities in our names at the start of the year and have paid them off fully.
I'll stop wasting my time with UU and write a final firm letter to the agency stating all of the above, and threatening them with court action.
Cheers very much. Watch this space.