Utility bills/deposit-what happens when tenant leaves?

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  • Utility bills/deposit-what happens when tenant leaves?

    Hi folks,

    My LL has sent me another letter requesting a response to his previous letters to me.

    I have drafted a letter and would be grateful if you could advise me if this would be OK to send to him. The highlighted text in the first paragraph, would this indicate in anyway that I am willing to leave? The second paragraph I am not too sure as to its legality.

    "In reference to your letter dated 22nd February in regards to your letter dated 31st January 2008, you are evicting me. Your letter dated 8th February informing me that you are selling and would like a date for when I am to leave the property. I have not as yet secured a new home.

    As you are selling I would expect my full deposit returned to me on the handing over of the keys as I cannot see there being no reason not to do so
    ."

    Thanks in advance
    Last edited by Editor; 24-02-2008, 10:04 AM.

  • #2
    I'd ignore the deposit issue for now. The reason for waiting a month is so that the landlord can settle any utility bills you may have 'forgotten' to pay.
    The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

    Comment


    • #3
      The utility bills are all in my name and are paid by DD. I will be requesting that these be tranfered to the new property I rent to enable me to keep with the same provider as they have been a good supplier both in cost and customer service.

      Comment


      • #4
        I don't know any of the background (probably on another thread I haven't got to) but I can offer some suggestions for your highlighted bit.

        "I have not as yet secured a new home.

        As you are selling I would expect my full deposit returned to me on the handing over of the keys as I cannot see there being no reason not to do so."

        If you're going to send the letter, the "no" needs to change to "any", to avoid a double negative.
        Last edited by Editor; 24-02-2008, 12:15 PM.

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        • #5
          Thanks Surrey

          Comment


          • #6
            Originally posted by alangwd View Post
            The utility bills are all in my name and are paid by DD. I will be requesting that these be tranfered to the new property I rent to enable me to keep with the same provider as they have been a good supplier both in cost and customer service.
            Doesn't work like that; you'll need to set up new accounts with the new property, and pay off/close the old ones - not that this really has any relevance to your issue.

            I haven't seen the original thread so don't know what the thrust of the problem is (it's always better to tag updates on to the original thread, or at least include a link to it in your new post); however I would suggest if utility bills are the issue, that you request the LL refunds your deposit as soon as you send him copy of receipted bills for the utilities, showing they are paid up, which you should get within a week.

            Yes, you're right that because the bills are in your name this shouldn't be an issue for the landlord, but I can tell you it still does potentially cause aggro for the landlord (and maybe the following tenant) if a quitting tenant leaves bills unpaid, so I can well understand if that's the landlord's stance.

            Comment


            • #7
              Sorry Ericthelobster, I should have included the original thread: http://www.landlordzone.co.uk/forums...ht=notice+quit

              Comment


              • #8
                Hi folks,

                I have been reading with interest other posts here and have a couple of questions to ask.

                1) My LL has - in the past - said that he owns the white furniture in the kitchen. This is not true as I have paid for and have receipts for all the white furniture. There was no inventory provided to me when I moved in. If the LL withholds the deposit claiming it is for the white furniture how much of a fight would I have to get my deposit back?

                2) I moved in June 2005 and paid a deposit, does this deposit come under the new regulations?

                Comment


                • #9
                  1 If there is no inventory it works in your favour if it goes to court and i think you would easly win especialy as you have the repiects.

                  2 The new deposit laws only affect new contracts signed after april 2007

                  Comment


                  • #10
                    Originally posted by alangwd View Post
                    1) My LL has - in the past - said that he owns the white furniture in the kitchen. This is not true as I have paid for and have receipts for all the white furniture. There was no inventory provided to me when I moved in. If the LL withholds the deposit claiming it is for the white furniture how much of a fight would I have to get my deposit back?
                    None at all I wouldn't have thought. If he knows you have receipts, I really can't see the landlord trying it on.

                    Comment


                    • #11
                      The latest letter from my LL is as follows:

                      "After careful consideration and in light of your comments with regards to your work commitments, I am pleased to inform you that we are prepared to extend the period of your tenure for the property. Unfortunately if has however become necessary to slightly increase the rent payable for the property. The increase has become necessary due other overall increase in costs. The new rent, payable from 20th March will be (he is increasing the rent by £20). I can however assure you that no further increases will be applied for a minimum period of 12 months from this date.

                      If you wish to enter into a new tenancy agreement could you let me know as soon as possible so that I can inform the Agents acting for the property accordingly"

                      I do not agree with the increase in rent as the repairs he was forced to do by the Housing Inspector should have been undertaken before I moved in back in 2005. They are what a tenant would expect from a property as a standard of living not as an addition. There are still two outstanding repairs he has not undertaken, these not coming under any order from the Housing Inspector. These are radiator hanging off wall in main bedroom and blocked drains.


                      "The increase has become necessary due other overall increase in costs" the only increase costs I can see is the repiars he has had to make.

                      Can the LL increase my rent just like that if I stay, but if I choose to move does his letter of 'Notice to Quit' still stand?

                      "Agents acting for the property accordingly" what Agent he is a private LL without an Agent to my knowledge.

                      The original Tenancy Agreement was signed in June 2005, can he implement a new TA before June?

                      Comment


                      • #12
                        L cannot increase rent unless:
                        a. you agree, informally or by new AST; or
                        b. by mechanism set out in AST; or
                        c. by Notice under s.13 of 1988 Act.
                        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                        4. *- Contact info: click on my name (blue-highlight link).

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                        • #13
                          Thanks Jeffrey, I don't agree as I beleive the increase is to cover his costs for the repairs. The repairs should not have been done as part of my standard of living, not at an extra cost to myself.

                          As I intend refusing the increase would the 'Notice to Quit' still apply?

                          Comment


                          • #14
                            You could try another avenue.

                            Firstly you will need to discover if the LL agents are switched on to deposit protection - and what they do for let-only landlords (which I presume your LL is).

                            If you were to sign a new agreement, only do one for six months (albeit you will probably have to do it at the new rent).

                            DO NOT SAY ANYTHING ABOUT DEPOSIT PROTECTION TO ANYONE. Wait to see if your LL has sent you the "prescribed information" within 14 days.

                            If you get the prescribed information, then at least you know that your deposit is safeguarded for when you leave. If not, then you have recourse to law for mandatory compensation of 3 x the deposit.
                            On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

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                            • #15
                              Thanks Esio Trot,

                              My LL doesn't have an Agent he lets all his properties himself. The Agent he has made reference to I think is an Estate Agent he said that was going to sell the property. I think he mentioned an Estate Agent as an excuse for my Notice to Quit. Which LL evicts a tenant leaving the property empty, then put the property on the market, that to me is bad management.

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