What's the usual deal regarding closing utility accounts before getting deposit back?

martin2345uk

Hi again guys..

So our tenancy has ended, we've moved out, the letting agent did an exit inspection and said it "passed"... they now say they just need proof that all bills are settled before they can return the (protected) deposit.

As I can't contact them over the weekend, I assume this is standard practice? And that agents would usually accept scanned copies of final bills (electric and water)?

Thing is we're having a mare with the utility companies who are making a complete hash of correcting ending our accounts and setting up new ones for our new address!

Hope they don't take too long, could really do with the deposit money at the moment..!

G_M

The utility bills are noneof the landlord's(or his agent's) business.

It is a contract between you and the gas/leccie companies.

* write tothe LL at the addressprovided requesting your deposit be returnedin full asap. If you want to mention that the utility bills are between you and the utility companies, do so. Any problem, put in a claim direct with the depsoit company.

Meanwhile:
* take meter readings.Ring utilities companies and give finalreading and ask for a final bill to be sent to your new address

martin2345uk

Thanks for the reply G_M,

I've just checked the tenancy agreement and it does say, under "Utilities", that the tenant "... agrees... to produce final receipts of all charges up to the end of the tenancy before the deposit is refunded."

I'm guessing that puts a different slant on things? Never even thought when I signed it that that wasn't standard practice..? :-/

martin2345uk

Edit: we don't actually have a proper address for the landlord. just a "c/o" address which is the letting agency :-/

45002

martin2345uk wrote: »

Edit: we don't actually have a proper address for the landlord. just a "c/o" address which is the letting agency :-/

Have you contacted the utilities suppliers and given them Final meter readings yourself.

Don't let the LA/LL to do it for you !

martin2345uk

45002 wrote: »

Have you contacted the utilities suppliers and given them Final meter readings yourself.

Don't let the LA/LL to do it for you !

Oh yes, would never let the letting agent do that!!

For the electric I will be doing it on monday (didn't realise Scottish Power close at 1 on Saturdays!)

For the water, United Utilities will be reading the meter on Monday and I will them up to check it.

tim123456789

martin2345uk wrote: »

Thanks for the reply G_M,

I've just checked the tenancy agreement and it does say, under "Utilities", that the tenant "... agrees... to produce final receipts of all charges up to the end of the tenancy before the deposit is refunded."

I'm guessing that puts a different slant on things? Never even thought when I signed it that that wasn't standard practice..? :-/

The OFT state of this issue

"For example, terms stating that the landlord will retain the deposit until the tenant provides them with a forwarding address, or produces receipts to confirm that all utility bills or other charges arising from the agreement have been paid when some other evidence of payment is sufficient evidence, may be regarded as unfair "

so no, it doesn't make any difference

tim

gazter

tim123456789 wrote: »

The OFT state of this issue

"For example, terms stating that the landlord will retain the deposit until the tenant provides them with a forwarding address, or produces receipts to confirm that all utility bills or other charges arising from the agreement have been paid when some other evidence of payment is sufficient evidence, may be regarded as unfair "

so no, it doesn't make any difference

tim

The OFT is not a law making body. It may consider something fair or not. That doesnt mean the landlord is obliged to follow what the OFT thinks.

tim123456789

gazter wrote: »

The OFT is not a law making body. It may consider something fair or not. That doesnt mean the landlord is obliged to follow what the OFT thinks.

But it's an extremely good guide.

AFAIA no LA has ever successfully challenged the OFT's opinions on what is, or isn't, an unfair term in a letting contract

tim

G_M

Assuming there WERE a debt for unpaid utility bills, that would still not be a justification for a deduction from the deposit.

A dispute could be raised and the deposit scheme would instruct the LL to repay the deposit.

The utilities debt(s) would be a matter for the utilities companies to deal with against the account holder - the tenant.

So that clause in the tenancy agreement is meaningless/unenforcible.

You write to the landlord at the address provided "for the serving of notices". If that is c/o the agency, then that is the 'proper' address!

hcb42

Just had my deposit back (not without a fight, due to normal unscrupulous letting agencies trying to rip you off!!) however, definitely not connected to our paying the bills or not - these responsibilities move with us.