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Can landlord withold my deposit for these reasons....

MarkVal73
MarkVal73 Posts: 17 Forumite
10 Posts Name Dropper
in House buying, renting & selling
Moved into a new place at weekend. Previous labdlord(via agents) sent me  a letter stating that they want all of my utility bills and council tax bill to show they are all up to date. They won't be returning the deposit until they receive the proof. Has to be original and not online or printouts.

Can they do this? I was under the impression it was for rent owed and damages.....

Thanks for any help. 
«13

Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In short, no. Go through the dispute process if necessary.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Council Tax liability in your name is nothing to do with the landlord, any debt is yours and not his.
    As I've mentioned before I've seen lots of landlords try the same but I've never known one pay any of the monies to the council...
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • m0bov
    m0bov Posts: 2,788 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Log in, claim it all back.As long as the bills are in your name there should be no problem.
  • Retired_Mortgage_Adviser
    Retired_Mortgage_Adviser Posts: 590 Forumite
    500 Posts Name Dropper
    edited 13 February 2020 at 2:51PM
    MarkVal73 said:
    Moved into a new place at weekend. Previous labdlord(via agents) sent me  a letter stating that they want all of my utility bills and council tax bill to show they are all up to date. They won't be returning the deposit until they receive the proof. Has to be original and not online or printouts.
    Can they do this? I was under the impression it was for rent owed and damages.....
    Thanks for any help. 
    As a landlord myself, I'm ashamed to say that this is a standard tactic among dodgy LLs/LAs, especially in areas of London with a large mobile population and/or new-immigrant tenants who may not know their rights or fail to follow up.
    As long as the bills are in your name, it's your problem, not the landlord's. If they persist, claim through the relevant deposit protection scheme.
    Out of interest, have they put a number of any deposit they want to keep (for damages, etc)?
  • MarkVal73
    MarkVal73 Posts: 17 Forumite
    10 Posts Name Dropper
    Retired_Mortgage_Adviser said:
    MarkVal73 said:
    Moved into a new place at weekend. Previous labdlord(via agents) sent me  a letter stating that they want all of my utility bills and council tax bill to show they are all up to date. They won't be returning the deposit until they receive the proof. Has to be original and not online or printouts.
    Can they do this? I was under the impression it was for rent owed and damages.....
    Thanks for any help. 
    As a landlord myself, I'm ashamed to say that this is a standard tactic among dodgy LLs/LAs, especially in areas of London with a large mobile population and/or new-immigrant tenants who may not know their rights or fail to follow up.
    As long as the bills are in your name, it's your problem, not the landlord's. If they persist, claim through the relevant deposit protection scheme.
    Out of interest, have they put a number of any deposit they want to keep (for damages, etc)?

    No, the letter just states it won't be process until they receive proof that gas, electric, water and council tax are paid and meter readings match the bills.... 

  • Retired_Mortgage_Adviser
    Retired_Mortgage_Adviser Posts: 590 Forumite
    500 Posts Name Dropper
    edited 13 February 2020 at 3:09PM
    They're just trying it on.
    Similar case, ending in tenant raising a dispute and the LA returning the deposit.
    As I said, it's a standard move among a sub-set of LLs and LAs. The unfortunate part is that, in the right areas, they probably have a 1 in 3 success rate from these underhand tactics.

  • MarkVal73
    MarkVal73 Posts: 17 Forumite
    10 Posts Name Dropper
    edited 13 February 2020 at 3:43PM
    So, would my next move be emailing and stating that they said the house was one of the cleanest they have ever had back and that the utility bills are in my name therefore I am liable for any owings not the landlord?

    Sorry if that's a daft question


  • giraffe69
    giraffe69 Posts: 3,639 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I wouldn't get into any discussion about cleanliness. I'd just claim the deposit back as suggested above. Did you have a proper check out and have you got photos of the state of the premises? 
  • MarkVal73
    MarkVal73 Posts: 17 Forumite
    10 Posts Name Dropper
    edited 13 February 2020 at 4:19PM
    m0bov said:
    Log in, claim it all back.As long as the bills are in your name there should be no problem.
     
    What am I logging into? 
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    The website for whichever scheme your deposit is registered with.
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