can a LL hold my deposit because of council tax?

edwardmluk

ah ok. So the likelihood of me getting my deposit is low as the new tenants moved in in december. They paid the letting agency a bond too. So maybe I can get mine from the letting agency?

N79

I doubt it - the letting agency don't have your bond - the DPS does. You should write to the DPS asking them for advice. Presumably the problem is that the deposit held by the DPS is part yours and part the lead Ts so everyone is stuck and no one can do anything until the tenancy ends unless the DPS has a process for unsticking this (or unless the lead T agrees to some sort of fudge).

You may have to go to court (with the approval of your LL) to get a court order to unstick the DPS process - but approach the DPS first and get their take on how your deposit can be returned. The DPS may be able to do some sort of fudge by moving all the deposits together and then returning your share, provided the LL and all past and present Ts agree to this course of action.

alicerosemarie

if you go through a L/A now by law they have to protect your deposit in a scheme, that LL doesnt actually have it! he can only deduct from it if u damage his property. moreover, if you owe council tax, then you inform them of where you are moving to and you take the debt with u!

N79

alicerosemarie wrote: »

if you go through a L/A now by law they have to protect your deposit in a scheme, that LL doesnt actually have it! he can only deduct from it if u damage his property. moreover, if you owe council tax, then you inform them of where you are moving to and you take the debt with u!

How is this relevant to the OP's problem? His problem is that, having failed to deal with the issue at assignment, it is now far from clear what process all the parties must follow to get the deposit released. This is a (rare) problem which could have been easily sorted before deposit protection and which may now be very difficult to sort, depending on how the DPS treats the situation.

alicerosemarie

N79 wrote: »

How is this relevant to the OP's problem? His problem is that, having failed to deal with the issue at assignment, it is now far from clear what process all the parties must follow to get the deposit released. This is a (rare) problem which could have been easily sorted before deposit protection and which may now be very difficult to sort, depending on how the DPS treats the situation.

sorry i read it wrong because of the title.. your clearly a very egotistical individual. regardless of whether i offered wrong advice its still advice and this is a forum for DISCUSSION!

tamarto

alicerosemarie wrote: »

sorry i read it wrong because of the title.. your clearly a very egotistical individual. regardless of whether i offered wrong advice its still advice and this is a forum for DISCUSSION!

Don't eat yellow snow.

CIS

This is an issue I see reasonably regularly at work. If the council tax is the tenants responsibility (i.e not an HMO) then then landlord has no liability for the council tax and therefore has no need to withold the deposit. We cant get involved in these disputes but tend to refer the person to our housing sections who have tenancy liason officers etc.

ifonlyitwaseasier

alicerosemarie wrote: »

if you go through a L/A now by law they have to protect your deposit in a scheme, that LL doesnt actually have it! he can only deduct from it if u damage his property. moreover, if you owe council tax, then you inform them of where you are moving to and you take the debt with u!

actually it's the landlords responsibilty to ensure it is protected but even then if it isn't so long as it is before any court action is taken it covers them.