Landlord withholding deposit

theartfullodger

elmer wrote: »

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!!

Artful has property he rents out in Scotland (& Engerland...) but resides in leafy Berkshire.


Slàinte mhath!

elmer

Ah we have more in common than I thought, I too am from leafy Berkshire, I'm just in exile in rural Scotland right now

elmer

pmlindyloo

Why don't you send the landlord the following which is from the DPS.

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 fi nal meter
reading and a forwarding address for the tenant has been supplied.

I will also post the link for you.

pmlindyloo

here's the link:

https://www.depositprotection.com/documents/a-guide-to-tenancy-deposits-disputes-and-damages.pdf

Scroll down to 08.

Might save as lot of hassle.

theartfullodger

I was in the Highlands last week attending to some works to property, fresh snow on the tops, probably back there end of next week, to see how the builders are progressing. Ah, tax-deductible trip eh?

The view from sitting room of one house about a month ago..


Greetings to all!

Samantha, the incentive has just gone up to £12 to an agreed charity! Do tell us what this law or regulation is that you seem to be relying on, please?

princeofpounds

Looks awful artful. Bet you can't get a skinny latte for miles around.

theartfullodger

Sadly a Costa has recently opened...less than 1/2 a mile away. Other, more "cultural" beverages tend to be favoured. One distillery in the town (Japanese owned, like so many, quite good stuff.).

marksoton

theartfullodger wrote: »

Sadly a Costa has recently opened...less than 1/2 a mile away. Other, more "cultural" beverages tend to be favoured. One distillery in the town (Japanese owned, like so many, quite good stuff.).

I swear those stores are the modern day plague of locusts.

Miss_Samantha

elmer wrote: »

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

I did not say that a landlord could be liable for a tenant's debt.

As someone who works in Council Tax you know that council tax's liability is determined on a day to day basis according a set of rules.

HappyMJ

Miss_Samantha wrote: »

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.

Which country of the UK does this apply?

Miss_Samantha wrote: »

I did not say that a landlord could be liable for a tenant's debt.

As someone who works in Council Tax you know that council tax's liability is determined on a day to day basis according a set of rules.

So...the council needs informing by either the tenant or landlord that the tenancy has been surrendered.