deposit problem

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  • deposit problem

    I am moving house

    My current Letting agent says that my utilities, gas,electric must be paid up to date before he will return my deposit.

    My problem is that I pay them weekly with a pp card, the amount I pay has been agreed with the Gas and Electric company but I'm in debit to them and I cant afford to bring it up to date in one go.

    I need my deposit back to put against my new place.

    What can I do HELP

    Wilma (Scotland)

  • #2
    As a landlord I have the same policy; however to be honest it's not actually enforceable as it's viewed by the law as an "unfair term". So the agents are actually not allowed to withold the deposit on this basis. Whether they will simply give in and say "oh, OK then here's your cash back" if you point this out to them is probably a moot point (although I would do so myself!); which means that you'd have to resort to the small claims court - however I expect you'd have paid off your bills by then anyway?


    • #3
      Whilst Eric is perfectly correct, another reason is that the contract (to supply) is between the tenant and utlility company so wouldn't affect any future tenant or the landlord concerning outstanding bills.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


      • #4
        Is Scottish law any different from England regarding this.



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