rent deposit return - bills

Tumtitums

Last month I moved out of the flat i have been renting however the estate agent is saying that they wont return my deposit until they have evidence that water, electricity, council tax and gas bills have been paid.
All i have is reciepts and no reciepts for the water as this was overpaid in a one off however there is no debt for any of these.

Are they entitled to do this as they have no evidence that there are outstanding bills ?

davidmcn

Tumtitums wrote: »

Are they entitled to do this as they have no evidence that there are outstanding bills ?

No, and outstanding bills wouldn't become the landlord's debt anyway so it seems like just a delaying tactic. Does your tenancy agreement even say that it's a condition of the deposit being repaid?

Miss_Samantha

They are entitled to do this regarding council tax if your tenancy agreement makes clear that you are responsible for it.

Tumtitums

The agreement says "you will get the deposit back as long as you have paid all the rent and bills for this property".
This is ok for me however the issue is finding the reciepts as some were psid over the phone and some were paid in installments but they have all been paid

theartfullodger

Perhaps, depending on what you agreed to in the tenancy agreement you presumably signed.

However, if you confident - perhaps if you are not - reply that is not acceptable, you require deposit returned in full promptly or you will raise a dispute with the deposit scheme.

davidmcn

Miss_Samantha wrote: »

They are entitled to do this regarding council tax if your tenancy agreement makes clear that you are responsible for it.

Why? Surely it's a matter between the tenant and council, rather than something which comes back to bite the landlord?

Miss_Samantha

davidmcn wrote: »

Why? Surely it's a matter between the tenant and council, rather than something which comes back to bite the landlord?

No, this is something that can come back to bite the landlord.

davidmcn

Miss_Samantha wrote: »

No, this is something that can come back to bite the landlord.

Can anyone give a citation for this?

theartfullodger

Miss_Samantha wrote: »

No, this is something that can come back to bite the landlord.

Apart from perhaps a letter or two, how could this bite the landlord - as long as he has the evidence of tenancy documents & having informed council when tenant moved in?

HappyMJ

Miss_Samantha wrote: »

No, this is something that can come back to bite the landlord.

How? The landlord won't be responsible for the council tax if the tenant does not pay it.

How would a tenant prove it's paid anyway? The council will only be informed that a tenant has left rather than will be leaving and won't generate a final bill until weeks after the tenant has left. If it was my council it would be months before the final bill comes through.

I don't have any real evidence that I currently pay it. I've got a digital receipt which is just a plain text email which I can easily change the figures to suit.

I'll quote some of it...

Issuer: Thankyou for your payment
Address: East Staffordshire Borough Council
Town Hall
Burton upon Trent, DE14 2EB

Guest101

The only way is if the tenant tells the council he/she left before the end of the tenancy.

So really they need to see a bill up to the last day of the tenancy in the tenants name - whether it's paid is irrelevant