Deposit refused pending bills

chappers

Reue wrote: »

A tenancy does not need any such declaration to end.

I am well aware of that. I let several properties for many years and created and ended more tenancies than I care to remember

This is just a way to help mitigate potential future problems, if nothing else it demonstrates to tenants that you are keeping records of occupation and dissuades them from trying to pull a fast one'

Having had as a LL a two year battle with EDF in the past before doing this it has been a way to protect myself.

It had nothing to do with withholding deposits it was all about tenants trying to pass their bills off on to me, it's just an extra bit of evidence a way of establishing who was responsible for bills and the property at what time and who owed what until/from when.

mrginge

FBaby wrote: »

Have you? Because if you had, you would picked up that part ' the electricity bill was primarily a matter between a tenant and the utility supplier, unless there was evidence of loss suffered by the landlord'

When I made a claim, I showed the evidence that the tenants had provided the utility company with the date they claim they left, which was 2 months before the end of the tenancy and that they had used utilities during that time (I think their adult children remained in the property longer) and that the utility company was charging ME for it because they were going by what the tenants had told them. The ADR agreed in my favour.


You're not getting it. The problem is when the tenants provided a wrong end date that problems arise so the bill is addressed to them, not to the tenant. If they don't pay, they get the ccj.

I get it perfectly. You seem to be struggling though.

Just because a tenant screws you over in one scenario (which you rightfully get resolved through the correct process) does not give you the right to prejudge that process by making your own rules up just in case someone else tries it on.

Your loss was only caused because of your own inability to deal with the problem.

So in other words, your situation was nothing like that of the OP.

FBaby

Your loss was only caused because of your own inability to deal with the problem.

Oh yes, and how?

Situation: Tenant decides to leave before end of fixed term tenancy, no notice. They call the utility companies and say they have left the property on date X, however, they remain for another 6 weeks or so.

Utility companies send me a bill for the used utilities during this 6 weeks period. I call companies, say 'sorry, nothing to do with me, the tenants were still there, it's their bill', and their response is 'sorry mate, your tenant said they left on that date so bill is yours by default'. I offer to give them a copy of tenancy AND electricity/gas meters readings. Their response 'that doesn't mean anything, we can't legally take this as evidence, you have to pay and take it up with your tenant, if you don't pay the bill, you will be defaulting'.

Tenant has left and as they have also not paid rent so have made sure to leave no trace of new address.

So now you tell me, how should I have dealt with the issue but by claiming it through the deposit scheme, which is exactly what it is for, to claim unpaid money owed.

I'm not saying that this situation is that of OP, I have explained why agencies demand evidence that bills have been paid (because very sadly, my situation has become all too common), and why the deposit agencies will consider claims for unpaid utilities.

The added problem is that the utility agencies will refuse to speak with the LL to confirm whether the bills have been paid and will only engage in communication once they bill them. So delaying the process also allows the LL to see whether any bills come their way. As they have a right to delay the process of repaying the deposit once a claim is made (and it can take months) without penalty, this is the one control they have.

Frankly, as a tenant, I would think that just confirming that all bills have been paid is much easier and quicker, especially when the LL has already confirmed they have no intention to withhold any funds anyway.

segedunum

mrginge wrote: »

This is a practice used by bad landlords/agents and is not allowed.

Reclaim your deposit in full from the scheme. Inform the agent of this and advise then that if they do not release the deposit or agree to ADR then you will start court action including costs.

You can’t let charlatans like this get away with things. It is your money.

Indeed so. It is sometimes hilarious to see how clueless and/or greedy landlords are. I've always paid my bills, especially if my name is on the them, but landlords always try using them to stonewall and delay the repayment of any deposit.

It is also up to them to have a proper checkin and checkout process where you check the meter readings. Many landlords think they can save money on stuff like this, and inventories, and then start claiming for all and sundry at the end of the tenancy. It's absolutely hilarious as a tenant when you go through the dispute process and the landlord can produce no evidence for what they are claiming.

segedunum

FBaby wrote: »

Oh yes, and how?

You have a proper check-in and check-out process that you almost certainly couldn't be bothered to do, or pay for?

45002

m0bov wrote: »

If the bills are in your name, then its nothing to do with the LL. Get onto the DPS and claim it back.

The only correct and to the point reply in this thread :beer:

ViolaLass

segedunum wrote: »

You have a proper check-in and check-out process that you almost certainly couldn't be bothered to do, or pay for?

The tenant left 6 weeks early.

FBaby

segedunum wrote: »

You have a proper check-in and check-out process that you almost certainly couldn't be bothered to do, or pay for?

What has this got to do with the problem of utility companies charging gas/electricity to the LL instead of the tenant?

If your interested though, you are wrong with your assumption.