Will the LL keep our deposit?!

clutton_2

just because something is in a tenancy agreement does not make it lawful - any landlord can write what ever he wants into a tenancy agreement - but he cannot enforce it if the clause in question contravenes other legislation.

The contract to pay a utility bill is between tenant and utility provider - and is nothing WHATSOEVER to do with the LL. These clauses probably hark back to when "bad debts" stayed attached to an address (rather than a person as they do now) and so it was quite reasonable for a LL to not want his own credit rating to be affected at his property if he were choosing to move back in. This scenario is no longer the case.

Challenge ANY LL or agent who tries to withold on this ground - its utter rubbish.

Leightonian

clutton wrote: »

just because something is in a tenancy agreement does not make it lawful - any landlord can write what ever he wants into a tenancy agreement - but he cannot enforce it if the clause in question contravenes other legislation.

The contract to pay a utility bill is between tenant and utility provider - and is nothing WHATSOEVER to do with the LL. These clauses probably hark back to when "bad debts" stayed attached to an address (rather than a person as they do now) and so it was quite reasonable for a LL to not want his own credit rating to be affected at his property if he were choosing to move back in. This scenario is no longer the case.

Challenge ANY LL or agent who tries to withold on this ground - its utter rubbish.

Its difficult to do that though clutton she just wont listen to us (see my thread in the water forum its intersting!) so what do we do , write it off or go through the whole stress and rigmorol of small claims

silvercar

Whether a landlord can or cannot withhold deposit until utility bills are cleared is a bit of a grey area. Saying a contract term is unfair doesn't automatically make it illegal, that would be for a court to decide.

As regards the arrears not affecting the landlord's business, this is not strictly true. Arrears from previous tenants mean that the utility companies are more likely to demand repayment meters (fuel) or deposits (phone), making the property less attractive to some tenants, so there is an effect on the potential demand for the property from future tenants.

Leightonian

silvercar wrote: »

Whether a landlord can or cannot withhold deposit until utility bills are cleared is a bit of a grey area. Saying a contract term is unfair doesn't automatically make it illegal, that would be for a court to decide.

There is no grey area

The utilities are a contract between yourself and the utility company

This is LAW

Why is it a grey area ?

Voyager2002

I agree with #14.

Strictly speaking, it is none of the landlord's business whether or not utility bills have been paid when a tenant leaves, and the landlord has no right to know such private information. In practice, landlords and letting agents do generally ask for evidence that these bills have been paid before returning deposits, partly for the reasons given in #14 and partly because they generally aim to earn interest on the deposit for as long as possible.

I must say, expecting to get back the deposit on the old place in time to pay the deposit for the new one seems wildly optimistic. Although I made a point of doing this for my (good) tenants when I was a landlord, as a tenant I have NEVER received a deposit less than two months after leaving a property.

Sammz

Voyager2002 wrote: »

I must say, expecting to get back the deposit on the old place in time to pay the deposit for the new one seems wildly optimistic. Although I made a point of doing this for my (good) tenants when I was a landlord, as a tenant I have NEVER received a deposit less than two months after leaving a property.

They have borrowed money to pay the next deposit. They just want this one back to pay that debt.

Bluebelle72

Sammz wrote: »

They have borrowed money to pay the next deposit. They just want this one back to pay that debt.

Thank you, this is correct, I have contacted shelter for advice and am awaiting their reply meanwhile this is what it says in my contract: "The deposit will be refunded to the Tenant, less any deductions, within 14 days once the following have been completed:"
"copies of receipted utilities bills have been provided to the landlord's agent"
(dunno how I will obtain receipted bills as I pay bills online)
But then it also says elsewhere in my contract that children were not to live in the property and I have 4, three of which they knew about when we signed the contract the little one is only 6 months old. They said to just ignore that part!! :rolleyes:

clutton_2

to all tenants

"""They said to just ignore that part!"""


never never never never never believe an agent/LL who tells you this - if you have signed the agreement and the clause you dont like is not crossed out and initialled by both landlord and tenant - you are legally bound to adhere to it - thats how it works.