Deposit on hold until utility bills paid?!!

[spurious]

I previously thought this was a problem with the water board, which it is, but it now seems it could be a legal issue with the property agents too.

I moved into a new build apartment in February, and am moving out in six weeks time. I phoned United Utilities and informed them in February after I moved in and they said they'd have to create a new account because it's a new build and this can take up to three months. I've phoned them several times and I've been told it's been processed and I'll hear something in two weeks, and I haven't done.

With six weeks left to go I'm not optimistic that U.U. are going to get their act together before I leave, and the property agents have made it clear that they want to see proof that all utilities have been paid (water, electricity) before they're willing to give me back the deposit. My tenancy agreement was signed before the new laws came into effect in April this year, but surely I still have some legal right? Otherwise I'm being penalised for the incompetence of the water board.

What action can/should I take? It doesn't say anything in my T.A. about having to prove the utilities are paid - this just seems like a policy of the letting agents.

[jampot]

They can't do this.

If the bills are (going to be) in YOUR name, not the Landlord's, he/she can't withhold the deposit under these circumstances.

Suggest you write to the Letting Agents advising that there is no legal basis for them to withhold the deposit. Agree a day to handover the property and conduct an exit inventory. Take photos to prove condition (for your own safety) and set a date (no later than 28 days) before which your deposit should be returned.

If it doesn't come back to you, your argument is directly with the landlord. If you don't have their details, the letting agency are required to provide them. Ultimately its the landlord's responsibility, and it'd be him/her that you would take to court. They may not know the Letting Agency has this illegal policy...

[spurious]

Thanks for that. What I'm trying to do right now is put pressure on the water board to get this account set up so I can pay it before any of this becomes an issue. I'm foreseeing a problem and trying to sort it out before it gets messy. As long as the water board send me out a reasonable bill, it's fine. I'll still resent having to show utility bills as paid before I get my deposit back but I'd rather do that then look at possible legal action.

Getting united utilities to do anything short of appease me over the phone with vague promises is an uphill battle, I have to say.