Landlord asking for proof of paid utilities before release of deposit

Trixsie1989

Good morning all,

Can anyone help me out with this please... We have recently moved out of rented into our own bought house. Had final inspection/check out and no issues found so no deductions needed from our deposit. We have applied to DPS for our deposit back and landlord has now sent a text telling us that until they have proof that our utilities are all paid they won't release the deposit.

This isn't written into tenancy agreement anywhere and as far as I can see from Google and DPS website deposits aren't held for non payment of utilities anyway.

We have no issue paying all bills etc but need deposit back ideally to clear the last bits, we also won't get final bills from some because the accounts have been transferred from one address to the other.

Does anyone know where we stand, or anything I could quote etc, because we don't feel this is right at all.

Thanks

m0bov

Just dispute with the DPS. The fact he text you means he knows the dps will side with you. Take a screen shot of it as evidence.

Trixsie1989

m0bov wrote: »

Just dispute with the DPS. The fact he text you means he knows the dps will side with you. Take a screen shot of it as evidence.

We've already applied for deposit release, if they don't respond can we just take it to dispute?

Pixie5740

If the landlord fails to respond within the required timeframe DPS will automatically return the full deposit to you.

As with all queries regarding deposit return on the forum, of which there are many, read G_M's Deposits: payment, protection and return.

anselld

Trixsie1989 wrote: »

We've already applied for deposit release, if they don't respond can we just take it to dispute?

It will be quicker to settle the bills and provide the evidence than to go to dispute.

anselld

Pixie5740 wrote: »

If the landlord fails to respond within the required timeframe DPS will automatically return the full deposit to you.

They won't. The DPS will move it to the Statutory Declaration process.

Smodlet

I do not think you can "transfer" gas and electricity accounts from one address to another; I am not sure about water. My experience has been that you have to close one account and open another so your provider has no reason not to give you a final bill. You can request a bill at any time, anyway so I suggest you just tell them to get right on it.

Also, are you sure you are not in a deemed contract with a different supplier if you have just moved? Even if your house is a new build, deemed contracts are often in place as they are set up by the developer. This is another reason why you cannot just transfer your account(s)

HTH.

Pixie5740

anselld wrote: »

It will be quicker to settle the bills and provide the evidence that to go to dispute.

What is there to dispute? The utility bills are not the responsibility of the landlord (yes I know landlords sometimes get stung) so have nothing to do with the deposit. Utility providers can take their sweet time sending out final statements and I don't see why the OP should have to wait that long to get their own money back.

anselld wrote: »

The wont. The DPS will move it to the Statutory Declaration process.

You're quite right, it's not as automatic as my post implied.

bxboards

I would have thought if you are applying to get your deposit back , the landlord will have already done an exit inspection / inventory check etc so would / should have taken their own readings then - any unpaid bills you may in theory leave would not be their responsibility due to the read dates.

So I can't see any reason for them to be doing what they are doing

I would try to resolve amicably though.

anselld

Pixie5740 wrote: »

What is there to dispute? The utility bills are not the responsibility of the landlord (yes I know landlords sometimes get stung) so have nothing to do with the deposit. Utility providers can take their sweet time sending out final statements and I don't see why the OP should have to wait that long to get their own money back.

I agree, but we are not the ones who need to be convinced.
Settling the bills is the path of least resistance.

Cakeguts

I fail to see the problem here. You have to pay the untility bills for the property you have vacated so why not just pay them send the copies to the landlord and get your deposit released?



Your landlord is just trying to make sure that he doesn't have to chase you to pay your untility bills on his property.


When you moved out of the rented property and read the meters you should have then asked the utility companies for the final bill for those meters at that address. You say that you have already moved into your new home so it shouldn't be all that long now for the bills to come through.