Letting agents keeping deposit until final bills paid - can they do this?

ghostmadlittlemiss

Hi,

I've just moved out of a rented flat and I got an e-mail off the letting agents we went with saying that they won't release the deposit until they've been sent copies of paid, receipted final accounts of the utility bills. I'm fine with this if it turns out they're allowed to do this but someone over on DFW said they didn't think the letting agents were allowed to hold the deposit until the bills were paid and that I should ask over here to make sure. Is it the case that they can hold the money or is there some law I should be quoting to get it given back now? I don't tend to venture out of DFW much as I've had bad experiences on the other boards before so please be nice.
Kayleigh

RAS

Reclaim the whole of your deposit now. Which scheme is it in?

Then write to the twerps that they are no allowed to withhold the deposit in this situation.

anselld

The above answers are correct. However you will get your deposit back faster if you comply with the request (assuming you have paid the bills). Going through the deposit arbritration scheme will take much longer.

Also consider if you will need a reference.

ghostmadlittlemiss

Thanks for all your help. The scheme the deposit is registered with is just called the Tenancy Deposit Scheme. However, it says on their website that I need to try to resolve things with the letting agents first.

I would just pay the bill as anselld suggested, only I've just noticed that they also say that the meter reading on the final bill must perfectly match the one taken when they inspected the flat and we couldn't get a gas reading before leaving as the meter box was lost and we couldn't find the key. The electric meter box was open so we have that reading and have submitted it but the gas is going to be estimated. The bills are in my name and I can provide them with proof of payment when I get and pay them, I just don't see the logic behind the readings having to match up right up to the number if the bill's been paid. There might well be a good reason for that but I just can't work it out.

So is there any legislation I can quote at the LA if they do try to withhold the deposit for the numbers not matching? I take anselld's point on board that it would be quicker to just send them the proof, so that's what I'll probably do, but what do I do if they then say, "Sorry, the numbers are wrong," and either don't pay up or make a deduction for it? I honestly don't know what they'll do if our numbers aren't the same but I wouldn't put either of the above past them. :mad:
Kayleigh

BitterAndTwisted

You cannot expect an estimated final bill to be adequate. What happens if the estimated bill is half of the real consumption? Or double it?

Not having a key to the meter cupboard is not good enough. To protect yourself you MUST get a meter-reading. And for good measure I'd photograph it, too.

ghostmadlittlemiss

BitterAndTwisted wrote: »

You cannot expect an estimated final bill to be adequate. What happens if the estimated bill is half of the real consumption? Or double it?

Not having a key to the meter cupboard is not good enough. To protect yourself you MUST get a meter-reading. And for good measure I'd photograph it, too.

Ok, as soon as I find which box the meter key went in, I'll go back up there and take a reading. The heating's off so providing no one uses the hot water in the next day or so, the figure should be the same. Thankfully, the meter box is outside the front door so I can still get to it.
Kayleigh

BobQ

ghostmadlittlemiss wrote: »

Hi,

I've just moved out of a rented flat and I got an e-mail off the letting agents we went with saying that they won't release the deposit until they've been sent copies of paid, receipted final accounts of the utility bills. I'm fine with this if it turns out they're allowed to do this but someone over on DFW said they didn't think the letting agents were allowed to hold the deposit until the bills were paid and that I should ask over here to make sure. Is it the case that they can hold the money or is there some law I should be quoting to get it given back now? I don't tend to venture out of DFW much as I've had bad experiences on the other boards before so please be nice.
Kayleigh

If you need a reference I would probably take the view that this firm is one to avoid in the future and just accept that this is the quickest way ahead (to do as they ask)

If I had a perfect rent payment history and other references I would go on the offensive and make a real nuisance of myself with these LAs.

tbs624

BobQ wrote: »

If you need a reference I would probably take the view that this firm is one to avoid in the future and just accept that this is the quickest way ahead (to do as they ask)

My bolding. As the OP says s/he has already moved out from the property s/he presumably has already secured a new home

OP if the tenancy agreement makes you responsible for the utility accounts, and you or the LL contacted the utility companies to give your name and the tenancy start and end dates ( plus relevant meter readings) then the LA has no right to retain any of your deposit.

The utility bills are a matter to be sorted out between you and a third party, ie the individual utility companies. The bills cannot be levied against the LL or LA.

No training, specific education or qualifications needed to be able to set up in business as an LA so it isn't surprising that so many of them spout twaddle and try to make up their own rules as they go along.

That said, you have to decide how quickly you would like your deposit to be returned becuase unfortunately the LA is likely to play a retaliatory waiting game

If you do want to challenge them then read on:

.....you say that your tenancy deposit registered with TDS? Refer this thicko LA to the TDS's own documentation as here
See specifically S8

"8. Utility bills/Council Tax
Tenancy agreements often require the tenant to pay the charges they incur when they live in the property. For example, tenants are often required to register their details with the local authority or utility provider, and bills are therefore issued in the tenant‟s name. Where these bills are unpaid at the end of the tenancy, the adjudicator is likely to take the view that the liability for the outstanding accounts is between the tenant and the local authority/utility provider, rather than with the landlord. Therefore, unless the landlord can show that the bills were not transferred into the tenant‟s name, or that the landlord has been required to pay any outstanding accounts, the adjudicator is unlikely to make an award to the landlord.

It is acknowledged that some utility companies do attempt to pursue landlords for “outstanding” bills and those clauses are written into many ASTs to “protect” the landlord. However there is no liability on the landlord especially if they can ensure that they have informed the utility provider that the tenant has vacated the property, they have provided the company with the final meter reading and a forwarding address for the tenant has been supplied.

Do keep the thread updated and post up a review of the LA office at https://www.allagents.co.uk once you have sorted matters.

tbs624

ghostmadlittlemiss wrote: »

.. I don't tend to venture out of DFW much as I've had bad experiences on the other boards before so please be nice.

Don't be put off by other posters - sometimes people come across in a way which wasn't necessarily intended and for those posts that are gobbier/less constructive than you can bear just add the author(s) to your "ignore" list ( via your user CP). It's only an internet forum;)