Landlord withholding deposit

colman12

Hi All,

I have read about this matter on some closed threads so want to make sure my understanding is still current.

Situation is - we have left a rented property, now own a house. Check out report totally fine, no damage to the property.

Landlord is refusing to release the deposit until they get proof of paid final bills.

I have never had to do this and have rented in London for 8 years from all the big players (Foxtons etc).

As a result, I have refused. I have then read that actually the bills between me and the council / utility providers have nothing to do with the LA. They have no right to request them.

I have requested repayment on the deposit scheme website. The landlord has contacted saying they have received the notice and will release it once i pay for the check out report (which is fine) and show paid final bills.

My question is - if i let this go to arbitration, would the deposit scheme conclude that the LA can't withhold the deposit on the basis that they haven't received proof of paid bills.

Thanks,
Colman12

HappyMJ

colman12 wrote: »

Hi All,

I have read about this matter on some closed threads so want to make sure my understanding is still current.

Situation is - we have left a rented property, now own a house. Check out report totally fine, no damage to the property.

Landlord is refusing to release the deposit until they get proof of paid final bills.

I have never had to do this and have rented in London for 8 years from all the big players (Foxtons etc).

As a result, I have refused. I have then read that actually the bills between me and the council / utility providers have nothing to do with the LA. They have no right to request them.

I have requested repayment on the deposit scheme website. The landlord has contacted saying they have received the notice and will release it once i pay for the check out report (which is fine) and show paid final bills.

My question is - if i let this go to arbitration, would the deposit scheme conclude that the LA can't withhold the deposit on the basis that they haven't received proof of paid bills.

Thanks,
Colman12

You do not need to show you've paid your final bills for the property.

The energy suppliers can take months to generate a final bill so as soon as 10 days have passed I'd go straight to dispute resolution and you will be given the entire deposit back without any deductions.

I've only just recently received a final bill dated from May last year. 10 months after the account was closed.

You should tell the landlord who the current energy supplier is so they can open a new account but even doing that is not required.

pmlindyloo

What did your tenancy agreement say about this?

Whilst I agree that it is no business of the landlord's it is perhaps quicker to just oblige the LL, particularly if it was written into the contract.

Have you got evidence of the paid bills? I presume we are talking mainly utility bills.

Although the contract with utility bills is with you and the company it can be very annoying to future tenants if they receive bills in your name because you haven't informed them of your date of departure. It has been known for bailiffs to visit properties with regards to council tax arrears and although the new tenants could prove it wasn't their responsibility it would be a PITA.

If you aren't worried about waiting for a considerable time before you see your deposit or just want to be b**** minded then use the Deposit Arbitration scheme.

Your choice.

colman12

Thanks all for the advice.

I haven't switched any of the utility accounts, so they remain they same ones as when we moved in.

I have explained this to the LA and assured them that any unpaid bills can be sent to me and I will pay them. Although I am not aware of any open accounts on the property.

They have my contact details. But they refuse and will only accept final bills.

Given that the flat is in good condition and there was never any trouble with paying rent, they should release the deposit once we had the green light from the inventory report.

I have requested full repayment from the tenancy deposit scheme. The next step is awaiting the LA reply.

I assume they will try and reject the request because they haven't got the proof of bills.

I guess I then take it to dispute and the deposit scheme would decide in my favour?

Thanks

colman12

p.s. in the contract there is a clause which says the LA can withhold deposit for unpaid bills.

However, I assume this would need them to prove that there are indeed unpaid bills, which there isn't.

Even if there was, they couldn't ring up the utility company to prove this would be the cause because of Data Protection.

Russe11

Does not sound like an enforceable term with regards to withholding deposits.

Mentioning letting agent?, are you dealing with the landlord or the letting agent?

if its the letting agent, make a complaint, see it through and use the ombudsman.

colman12

Yep, it's a letting agent. I think I will follow the deposit dispute process and see where it goes.

Thanks for the advice.

princeofpounds

Yes, open a dispute, you will win.


They are wrong, and their clause is legally meaningless.


Surprised you haven't come across this before. Used to be a common problem and still isn't that uncommon.


Complaint and ombudsman will annoy them too, even through LA/EA ombudsmen schemes are utterly toothless at the moment.

Miss_Samantha

colman12 wrote: »

As a result, I have refused. I have then read that actually the bills between me and the council / utility providers have nothing to do with the LA. They have no right to request them.

That's true for utility bills but not for the council tax bill.

It is reasonable for a landlord to withhold at least part of the deposit until the council tax situation is clarified, especially if the tenancy was periodic.

theartfullodger

Dear Samantha:

£10 to an agreed(**) Estate agency charity if you can explain this & quote the law behind it, please.

Best regards

** - That means we would both agree that the selected charity is acceptable..

elmer

Why, I work in Council Tax and and landlord is never liable for a tenants account?

Landlords often ask if their tenants accounts are clear but its none of their business and we refuse to discuss the account.

elmer

I might add that Artful and I are both in Scotland, but I'm not sure that makes any difference!!