Getting your seposit back after renting a house

dannyjebb

Morning all, We moved our of our rented house 2 weeks ago and the guy who coame to "check" us out said the estate agents would let us know within 5 working days whether they would be taking any money from our deposit, I rang them this morning to ask when we would hear from them and they said it will be once we give them our final bills for gas, electric, council tax and water. We ares till waiting for these. Is it a legal requirement for them to tell us what they intend to take from the deposit within a set period of time? or can they tell us when they like?

Many thanks Danny

FireWyrm

As I understand it, it's 14 (working) days. I dont believe they have the right to insist on final bills since it's none of their concern. All you have to confirm is that all of the utilities has been closed down and that is that.

They dont have the right to just 'take' money from your deposit and you dont have to agree to their findings either. Check out the deposit protection scheme arbitration process and get your evidence in order since it's a sure fire bet they'll try to keep some of it anyway. If you agree with their deductions however, you will most likely be asked to sign a paper saying so and I believe they then return the deposit in something like 20 days or so, but you'll have to check that with them.

Werdnal

Is you deposit in a scheme? If so, contact the one the LL/Agent used, and complete your side of the deposit release details. The deposit protection schemes are there to protect the tenant from LLs who decide the keep the whole amount, without giving any reasons. LL has to prove what they are deducting money for (if anything). Did you leave the property in a good, clean condition? Did you have a check in inventory and a copy of the check-out report to confirm any differences? Without this, LL would have difficulty proving any damage/dirt etc is down to you.

Then write to the agent, telling them that the utility bills are all in your name, therefore your responsibility to pay them all, and unless they confirm return of the deposit within 7 working days, you will be taking legal advice for the return of the full amount.

LLs/Agents often request sight of the paid bills, but assuming the utilities all have your names on their contracts, then you are responsible and they will chase you (via debt collection services if necessary) to recover any amounts owing, so its nothing to do with LL/Agent anyway.

G_M

If the bills are in the landlord/agents name, then they should pay them not you.

If they are in your name, then that is a private contract between you and the utility company and none of the landlord's business.

It is polite /helpful to tell the LL which company supplies the power (especially if you've switched) as it helps them take over the account when you leave.

Follow Werdnal's advice above.

dannyjebb

Thanks for that help its got a bit awkward because we are with talk talk for the phone and BB but still in our contract so I have switched it to our new address rather than pay a fee to cancel but we won't get a final bill, I asked the letting agent why they needed it for the phoneline wen we are moving with the same company (the letting agents are real idiots tho) and regards the deposit it is with a deposit holding scheme, and there will be a bit of dispute over getting it back as the table was described as 'good condition' on the inventory (which I presumed was ok as it had a few scratches on it) but the guy who did the check out said good condition is no marks or damage yet on the check in inventory it said the door between the kitchen and front room was 'good condition' yet it had a whole in which they letting agents photographed before we move in so o don't think they can claim good condition = no damage or marks!

I will write to them tonight saying what was advised above

mchale

G_M wrote: »

If they are in your name, then that is a private contract between you and the utility company and none of the landlord's business.

Agreed, but it has been know for gas/elec companies to insist in prepayment meters if a property has a history of non payers

Yorkie1

mchale wrote: »

Agreed, but it has been know for gas/elec companies to insist in prepayment meters if a property has a history of non payers

Whilst not disagreeing with you on this point, it appears unrelated to the reason / justification being put forward by the LA, which as already discussed is not one which can be used.

The utility companies cannot go after the LL for any unpaid rent as the LL/LA is not party to that contract.

Even if the meters are changed as you outline, the deposit won't cover any ongoing impact of such matters.

Werdnal

mchale wrote: »

Agreed, but it has been know for gas/elec companies to insist in prepayment meters if a property has a history of non payers

The bad paying history relates to tenant, not the property, same as a bad credit rating belongs to the person, not the address which they live in.

Prepayment meters can be fitted to recover debt when tenants fall into arrears. Once tenant moves on, debt goes with them!

mdc123

Hi, sorry dont mean to hi jack your thread, but when we move out we agreed to let them clean the carpets because of pets. Will they take the price of this from the deposit, or will we have to pay it upfront?

Werdnal

mdc123 wrote: »

Hi, sorry dont mean to hi jack your thread, but when we move out we agreed to let them clean the carpets because of pets. Will they take the price of this from the deposit, or will we have to pay it upfront?

What does your tenancy agreement say? It is usual to have to pay a higher deposit when the tenancy starts, if you are permitted to have pets. This will cover any additional damage and cleaning (sometimes LLs get carpets and furnishings treated for fleas as well, to protect future tenants).

LL can take from deposit or you can probably offer to pay, but either way it is still your money, so whats the difference?

mdc123

finding the money! thats the difference