deposit fight over bills...

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  • deposit fight over bills...

    simple story. We've had a final inspection with the LL and all was good, the property was in perfect condition. We also showed him all bills paid up till that point at the time of the visit (on the day of our moving out).

    LL is now asking that we send him a copy of all bills we paid in our name while at the property. My wife says no.

    I'm thinking maybe if we show him the final bills but remove our names etc from them, that should be enough?

    My mrs wants to know if there is a way to get our deposit released without the LL making a call to the agent who is holding it for us.

    Much appreciate your help with this.

    thanks in advance =p

  • #2
    So what makes you believe that there's a problem?
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    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
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    • #3
      Thanks for answering so fast. The problem is that my wife doesn't want to show him ALL our bills, in fact she doesn't want to show him any at this point as to be fair they have already seen them...

      There is actually a long history to this and we happen to know that we cannot trust the LL at all (from our dealings with him from the beginning). I could go into the history but it would take a while and I'm trying to keep this simple, as I am hoping the solution will be...

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      • #4
        I'd be siding with your wife; bills are used as a form of ID, and I wouldn't be releasing copies to a third party. You could allow him sight of them, but he doesn't have any right to hold back your deposit over this issue; the relationship between the utility supplier and yourselves has nothing to do with the Landlord.

        If this is not acceptable to the Landlord and he refuses to release the deposit, you could either raise a dispute with the government scheme under which your deposit is protected, or, if it isn't protected, threaten both LL and agent with legal action.

        (Amicable solution obviously preferred)

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        • #5
          It is not a reasonable basis on which to withhold the deposit. The LL is not liable for any bills unpaid by you, and he is free to check with the utilities companies that you registered with them for the duration of the tenancy.

          Is this an AST in England/Wales, created or renewed after 6th April 2007? If so, was the deposit protected?

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          • #6
            Thanks for the advice all. It is an AST in England and I believe the deposit should be covered as is registered with the agent...

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            • #7
              Originally posted by slyrubies View Post
              Thanks for the advice all. It is an AST in England and I believe the deposit should be covered as is registered with the agent...
              Don't assume, check with the three deposit schemes. LL should have provided you with the prescribed information (i.e. details of the scheme etc). If the scheme used is the TDS, you should find this in the tenancy agreement.

              See
              http://www.direct.gov.uk/en/TenancyDeposit/DG_066391

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              • #8
                thanks, I just rang the agent who confirmed it's with the TDS and he is going to send me the reference number for it...

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                • #9
                  ok just checked it and it is covered by the TDS, should I contact them about this situation then?

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                  • #10
                    Originally posted by slyrubies View Post
                    ok just checked it and it is covered by the TDS, should I contact them about this situation then?
                    Yes, tell them the LL is withholding your deposit without good reason.

                    But in order for the deposit to be protected by the TDS, your tenancy agreement must contain the information/clauses required by the TDS. Check this with TDS, too.

                    http://www.thedisputeservice.co.uk/index.php?p=1

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