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

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  • 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.....


    I find section 25 strange - why should the Landlord arrange final readings?  In this case, the utility bills are in the tenant's (OP's) name and are responsible for their payment.  Therefore, the tenant should take the last readings and report them to the utility companies and I suggest the Landlord and agent for completeness and the avoidance of doubt.

    Good luck OP

  • MarkVal73
    MarkVal73 Posts: 17 Forumite
    10 Posts Name Dropper
    Just an update. 
    Not had deposit back. Landlord is deducting some money because the baking tray way thrown away. And he had to do a tip run because the outdoor bins were full. Which is a joke because I ordered new ones when moved in because current ones were full of all sorts. Mine were emptied when I left property. Also, the house was completely cleared. 

    I was meant to receive a final amount notice yesterday. I will be disputing the bins as I have email evidence that I complained and ordered new ones. 

    Every time I email the agency I get no reply. And phone calls are just ignored or passed on and ignored. 

    I will have to print out the template letter now and go down that route. 
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