Getting your deposit back after renting...

additive79

I moved out of a rented flat two months ago and my letting agents are still withholding my deposit of £450. When quizzed, they now tell me that they need a letter from the remaining tenant (there were two of us living in the flat) and the new tenant (who took my previous room) saying that I left the place clean and in good working order and that I don't owe them any bills. The two current tenants have failed to write any letters and don't look like they're going to (they're very lazy and incompetent when it comes to admin stuff). Is it legal for a letting agency to require these letters? Aren't they obligated to check the premises themselves when I move out? And aren't any outstanding bills my concern rather than theirs (I'm fully up to date with rent and was so when I moved out).

Thanks for your help guys.

tbs624

Property in Eng/Wales

Household bills are nothing to do with an LA unless the LL is responsible for paying utilities etc, and your deposit is will have been paid to the LL/LA so it is up to them to sort out the checkout process and the deposit return.

Presumably this was a joint and several liability tenancy, with the original 2 of you signed up to one tenancy agreement?

Was the deposit scheme registered as required by law, and if yes was it done as two separate ones or one whole? ( with mydeposits has to be done as one)

If you don't know anything about deposit registration see mydeposits, TDS, DPS.

Your LA needs a firm letter telling them that they either cough up , or provide with a written list of any proposed deductions, which you may then dispute if you disagree with them

additive79

Thanks for your reply.

The original two of us were signed up to a joint tenancy agreement, but we paid the deposits separately. I believe the deposit is kept registered as required by law.

I have sent a strongly worded email suggesting that any bills outstanding are my and the previous tenant's concern, and nothing to do with them. Equally, They've only just told me that the new tenant needs to send them a letter saying that the room was left clean. This is two letters I've got to try and get out of two people, one of whom I don't know. The letting agency told me they are sorry, but they 'have to follow government regulations' and can't release my deposit until these letters are received.

Any ideas? Or who can I go to to get a definite yes or no on whether they're acting improperly?

BitterAndTwisted

The agents are talking a load of cobblers. They are the ones responsible for ensuring the property was left in the same condition as at the tart of the tenancy and if they're too idle to spend the time doing it I see no reason why they should force that responsibility onto the new tenant.

It might be the path of least resistance to speak to the new tenant on the phone and then draft a letter on their behalf and send it to them asking that they sign and forward it in the stamp-addressed envelope you enclose.

martindow

If your deposit is protected as it should be approach the scheme to refund it. Don't get involved with the new tenant or wring any letters as that is irrelevant. The LL will have to provide evidence of any deductions he thinks should be made. As he doesn't appear to have done a proper checkout he will be hard pressed to justify any deductions.

additive79

Thanks for your responses, very helpful. I've found that MyDeposits holds my deposit and they assure me that it is a legal requirement of letting agents to inspect the vacated room when the tenant leaves, send an end of tenancy letter, and return the deposit (minus any deductions) within ten days. All household bills are the tenants' concern, as any bad debt is against the individuals and not the property (so no letters from the new tenants are required to release deposits).

I have put this in an email to my letting agents, and given them a deadline of next Monday to pay up in full. If not, I'm advised to raise a dispute with MyDeposits. Wish me luck!

tbs624

Letting Agents eh, don't you just love them?

Also send a copy by snailmail, with cert of posting obtained and let us know what happens _ it's useful for other Ts who may be in a similar situaton