landlord will not return deposit HELP!!!

[clarecov]

Hi

I have recently ended a tenancy after 6 months. I have asked the landlord when I will receive my £700 deposit back. As he stated he was happy with the condition of the property at the end of the tenancy I thought I would then legally be entitled to it back. My Landlord has now asked for evidence that the bills have all been paid before forwarding my deposit onto me. I have forwarded evidence that my council tax is up todate and settled and I am awaiting confirmation from the other utility companies that the accounts are settled and will forward this onto him.

My ex landlord will not accept my council tax evidence which shows the outstanding amount to be paid (final bill) and attached is the receipt from the council house proving payment. Unfortunately the council house have a backlog with providing letters to confirm settlement of the account of 6 weeks.

I just wanted advice on where I stand with this as I have every intention of settling my bills as I have had enough of renting and am purchasing my own property soon. I also think my landlord has no intention of paying my deposit back and is finding every excuse not to pay it. I think he may also come back and state there is damage to the property as he only verbally agreed the property was in a suitable state and I was to receive the deposit back - nothing was confirmed in writing

How long do I give him if I request for him to pay me the deposit back and can I do it now even though I haven't given evidence of all bills being paid - which I presume are not his liability anyway!! Also this was not confirmed in my tenancy agreement about providing evidence of bills being settled.

Any info and advice would be greatly appreciated

[MrShed]

First of all, "legally entitled" to it back is a bit incorrect - if you had it in writing, perhaps different.

Anyway, moving on he is not entitled to withhold the deposit on this basis. I would write something similar to the following to him:

Dear Mr Crap Landlord,

As you have performed your check out, and the property was up to standard, as agreed with yourself, I would ask that you now return the full amount of my deposit to myself within 7 days. Your current position of withholding the deposit based upon seeing proof of my utility and council tax bills is unacceptable, and legally unenforceable. All of these bills are in my name, and as such are my liability(should any amount be outstanding), and do not in any way affect either yourself nor your property - indeed such bills and details are my personal business, and I am not obligated in any way to share this with you. Legally you must now return my deposit. I might add at this point that any term within the contract stating that I must provide such information to yourself cannot be enforced, as it contravenes my legal rights.

Failure to provide the deposit within this timescale shall lead to a final demand for payment, followed by court action. Such court action would lead to allowed claims for interest and court costs also - I hope we can resolve this prior to such a stage.

yadda yadda yadda filler filler filler

[clarecov]

MrShed,

Thank you for your reply and template which I shall use straight away to get the ball rolling, and to show mr crap landlord I mean business!!

I will post the response I get back - if I get a response at all!!

[MrShed]

Just to emphasize, that IS just an idea - tailor to your own situation, might be worth trying a softer approach first

Just bear in mind that should you need to go to court, it will take a significant amount of time. So, unless you really think he is either not going to pay at all, or you think he will pay as soon as he gets such a "threat", probably worth playing his game and waiting til you get the full statements showing cleared accounts - will be quicker that way, so to your benefit!