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Returning Tenants Deposits - Payment of Bills

Hello All!

I'm after some advice! I have a property that I have let out for the past year. Tenants moved out at start of July and we agreed we'd return the deposit in full provided they send us copies of the final bills (which was stated in the contract we used).

After 2 weeks I phoned them as we hadn't received anything and they said they'd had a few problems - gas and elec company would only deal with one of them and they were on hols etc.

Anyway I still haven't received anything and would really like to return the deposits - I know they need the money and don't want to hold onto it any more so my query is . . .

If I return it without proof of final payment of bills can I be held liable for them? None are in my name and the tenancy agreement states the tenants are liable for them.

I'd be grateful for any advice as I'd just like to get this cleared up asap!

Thanks

MMC
:j MFiT Club Member 14 :j
Mortgage Outstanding 01 April 2007 - £51,051 :eek:
Mortgage Outstanding 25 February 2009 - £NIL :rotfl:
Savings 01 April 2009 - £1,522

Paid off 19 years 8 Months early - Original Mortgage £63,000 October 2003 - 25 year term

Comments

  • real1314
    real1314 Posts: 4,432 Forumite
    you can't be held liable for thier bills.

    best way to cover yourself is to get the tenants to sign a statement agreeing the meter reading and the date they left, then send details of this to the relevant utilities (gas, elec, water and council tax) advising that from this point on you will be responsible for bills until it's re-let. If you get a forwarding address for the tenant too, this will mean you can just pass everything off via that address.
  • I have nothing to do with my tenants' bills.

    I simply contact the service providers when I take possession of the property after the tenants leave and provide meter readings where appropriate. I pay from then and until new tenants move in. The service providers are big enough to collect money owed to them. I have better things to do.

    :)

    GG
    There are 10 types of people in this world. Those who understand binary and those that don't.
  • Lavendyr
    Lavendyr Posts: 2,610 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Some utilities companies can be useless with bills. My OH has only just been able to apply for his deposit to be returned, a couple of months after moving out, because the water company did not send him a final bill, despite him phoning and requesting it several times.

    The tenants should have taken final meter readings, but take them yourself anyway and give them back the deposit, is my advice. You sound like a nice landlord/lady :)
  • minimoocow
    minimoocow Posts: 205 Forumite
    Thanks to you all! I suspected it was the case that the tenants were liable and it does state this in the contract - just wanted to check it wouldn't back fire on me if I did return the deposits without any proof.

    When the tenants moved out they actually forgot to take meter readings and phoned us to request them which we sent them by text the same day. The next lot of tenants moved in the day after and signed to take over the bills from the same point so I will send the now ex-tenants the deposits back asap.

    Thanks

    MMC
    :j MFiT Club Member 14 :j
    Mortgage Outstanding 01 April 2007 - £51,051 :eek:
    Mortgage Outstanding 25 February 2009 - £NIL :rotfl:
    Savings 01 April 2009 - £1,522

    Paid off 19 years 8 Months early - Original Mortgage £63,000 October 2003 - 25 year term
  • roses
    roses Posts: 2,333 Forumite
    Part of the Furniture Combo Breaker
    EDF told me the landlord was liable if the tenants didn't pay for the gas/electric bills. I always thought that is why letting agencies always hold deposits back until the utilities are proved as paid.

    Is that legal (both EDF & the agent)?!
  • real1314
    real1314 Posts: 4,432 Forumite
    NO it's not legal. The landlord has no contract with the supplier.

    Do you think they try that line with the local council for their properties?
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    roses wrote: »
    EDF told me the landlord was liable if the tenants didn't pay for the gas/electric bills. I always thought that is why letting agencies always hold deposits back until the utilities are proved as paid.

    Is that legal (both EDF & the agent)?!

    Utitlity companies annoy me. They hide behind the Data Protection Act at every instant to cover their own backs.

    The landlord is only legally liable if the tenants have not put the bills in their own names and that utility bill is in the landlord's name.
    All landlords need to do is make sure they take meter readings and phone up the utility company when tenants move out and when new tenants move in.

    Likewise tenants need to take their own meter readings and ensure the bills are not in their names when they move out.

    If the utility company comes up with rubbish like EDF write an email to them threatening them with informing both the Information Commissioner and Enerywatch if they persist in their misinformation about/abuse of the Data Protection Act. And if they do report them.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • alijay_3
    alijay_3 Posts: 21 Forumite
    There are a number of companies who will deal with your tenants utilities for you at no cost. One of which is Spark Energy & they also cover void periods for up to £10!!
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