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

iampetesmith

MarkVal73 said:

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? 

It should be whichever deposit protection scheme your deposit is held in (assuming it's held in one). They're the middle man between tenants and landlords and keep deposits from both parties until the tenancy ends and the amount to be returned is agreed.

Ours was in DPS, but I think there are a few others. You don't normally need to set up an account and login until your tenancy ends, but you should have some paperwork that you got at the start of the tenancy indicating which scheme your deposit is held in.

When you're logged in, you tell them how much you're intending to claim back and the landlord/letting agent also fills in how much they want to give back. If there are disputes, then there are processes in place to resolve them.

sal_III

iampetesmith said:

MarkVal73 said:

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? 

It should be whichever deposit protection scheme your deposit is held in (assuming it's held in one). They're the middle man between tenants and landlords and keep deposits from both parties until the tenancy ends and the amount to be returned is agreed.

Ours was in DPS, but I think there are a few others. You don't normally need to set up an account and login until your tenancy ends, but you should have some paperwork that you got at the start of the tenancy indicating which scheme your deposit is held in.

When you're logged in, you tell them how much you're intending to claim back and the landlord/letting agent also fills in how much they want to give back. If there are disputes, then there are processes in place to resolve them.

They will ask for proof that you tried and failed to resolve the deposit dispute with the LL. Like e-mails etc.

You can't just logon at the end of the tenancy and claim your deposit back. It's a deposit dispute resolution process, not deposit refund process.

OP, just inform the LL bills are non-of their business and unless they have some concrete claims, demand that your deposit is returned within a week. If they refuse or fail to do so - then open a dispute with the deposit protection scheme.

Retired_Mortgage_Adviser

MarkVal73 said:

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? 

Your deposit *should* be protected with one of the 3 deposit schemes - DPS, TDS or MyDeposits.

You should have something from the start of the tenancy which tells you which one it is. But if not, it's fairly simple to look up each of the websites with your name, address, tenancy start date and deposit amount.

If you can't seem to find it, if you have a joint tenancy, try searching again using another tenant's surname, it's usually registered with the name of the "lead" tenant.

Once that's sorted, you can "Request repayment of deposit" online using a simple process on DPS and TDS. That gets the ball rolling, just follow the steps.

Mydeposits makes it a bit harder, you need to send a written request to return deposit to the LL, then wait for 10 days before proceeding online.

Slithery

sal_III said:

You can't just logon at the end of the tenancy and claim your deposit back.

Really? That's exactly what I've done the day after my last 4 tenancies have ended.

MarkVal73

I just got this reply..... 

Hi, 
The deposit is being held with mydeposits. Once ***** has seen all your final bills are paid in full there is a 10 day turn around.

Please chase up any deposit release with ***@***.co.uk

Should I ask for the account details for mydeposit?

Edit... I've just checked on mydeposits and it says my deposit is protected.

Should I reply and tell them they can't hold it while waiting for confirmation I paid my bills as its none of there business? 

Retired_Mortgage_Adviser

MarkVal73 said:

I just got this reply..... 
Hi, 
The deposit is being held with mydeposits. Once ***** has seen all your final bills are paid in full there is a 10 day turn around.
Please chase up any deposit release with ***@***.co.uk
Should I ask for the account details for mydeposit?
Edit... I've just checked on mydeposits and it says my deposit is protected.
Should I reply and tell them they can't hold it while waiting for confirmation I paid my bills as its none of there business? 

It's pointless having any more to and fro with these jokers.

Is it the MyDeposits custodial scheme or insurance scheme? I'm guessing it's the insurance one.

If it's custodial - you can initiate the process online.

If insurance - you need to write to the LL, wait for 10 days and then start the process.

Retired_Mortgage_Adviser

Here's what the MyDeposits FAQ says - https://www.mydeposits.co.uk/tenants/faqs/

25.Can my Landlord withhold my deposit to cover outstanding utility bills?

You should read the terms of the AST Agreement. In most cases the responsibility for utility bills is with the Tenant. At the end of the tenancy a Landlord should arrange for a final reading of utility meter and for a final bill to be sent to the Tenant. If there are arrears on the bill then the utility companies should pursue the Tenant for the amount outstanding. In the case of the Landlord being responsible for the payment of the utility bills, the cost of these will be reflected in the rental payment. There may be provisions in your AST as to what happens in case of excessive charges.

26.Can my Landlord withhold my deposit for outstanding Council Tax?

No. You are liable for the Council Tax bill, as your Landlord will have informed the Council that you are residing in the property as a Tenant. Each Tenant in the property is jointly and severally responsible for the Council Tax liability.

But then, the LA/LL already knows that.....

Retired_Mortgage_Adviser

@MarkVal73 OP, any update on this?

MarkVal73

Retired_Mortgage_Adviser said:

@MarkVal73 OP, any update on this?

Still saying that they can hold it in case LL is lumped with a large utility bill. All bills are in my name. Going to have to write a letter and get the ball rolling on this. Otherwise it's a 6 week wait until final bills are generated and sent as hard copies to me. 

Retired_Mortgage_Adviser

Yeah, don't let them get away with this nonsense. Send a letter using the MyDeposits template in the post, get proof of delivery and also send a scanned copy of the letter by email to the LA that you have been communicating with. Tell him you will wait for 10 days as per the process followed by lodging a dispute at Mydeposits asking for return of the deposit.

Wait for 10 days and if there's nothing or they stick to their stand, then start a dispute with the deposit firm.

Good luck!