Deposit on hold until we prove utility bills paid?

[3styler]

Hi

I’ll try and keep this short

I lived with 5 other lads during my last year at university, we all signed a joint tenancy agreement, utilities were not included in our rent, we paid them separately, the accounts were in the name of one person. When we left we all gave that guy cheques to pay the last bill, as far as I know they have been paid and the new tenants and landlords have not been hassled for money. However our landlord will not return our deposits until we provide proof that all bills have been paid. As none of us have remained in contact with the guy whose name was on these bills (long story) and now have no means by which to contact him, we have no way of getting the necessary documentation to prove we have paid any outstanding bills. Our landlord says that It is stated in our tenancy agreement that all accounts have to be settled and that proof of this is to be sent to them before deposits are released.

We left in July 08 and despite trying to reason with them they have remained firm on this, they have received no demands from Utility Companies and yet they still won’t return our deposits. As it is over a year since we left I would like to know if they can continue to hold our deposits indefinitely, when they know we cannot provide them with the documentation they want. Or whether there is anything we can do?

Thanks

[MartinPC]

Check your, or one of the others, tenancy agreement. It should cover your responsibilities regarding utilities and if the deposit may be retained until proven that utilities have been paid.

 

If it says that then you should know the utility companies, contact them and ask for documentation to prove that bills were paid.

 

If it doesn't say that then if your deposit it/was in a TDS scheme then I guess take the matter up with the TDS company.

[simonjohn]

Check your, or one of the others, tenancy agreement. It should cover your responsibilities regarding utilities and if the deposit may be retained until proven that utilities have been paid.

 

If it says that then you should know the utility companies, contact them and ask for documentation to prove that bills were paid.

 

If it doesn't say that then if your deposit it/was in a TDS scheme then I guess take the matter up with the TDS company.

 

 

I cant see the utillity co's giving out info to anyone other than the person named on the bill, under the data protection act.

 

Also I would be hard pressed to think of any legal justification for the LA Or Landlord to withold the return of a deposit on the basis of whether a utility bill has been paid or not, as This would be a matter of a contract between the utility co and the tennant and the landlord would have no liability for any non payment.

 

In essence it would be down to the utility co to chase the named tennant on the bill.

[simonjohn]

I cant see the utillity co's giving out info to anyone other than the person named on the bill, under the data protection act.

 

Also I would be hard pressed to think of any legal justification for the LA Or Landlord to withold the return of a deposit on the basis of whether a utility bill has been paid or not, as This would be a matter of a contract between the utility co and the tennant and the landlord would have no liability for any non payment.

 

In essence it would be down to the utility co to chase the named tennant on the bill.[/quote

 

 

This issue may arise where more than one person shares a property, such as couples or flatmates. Often only one persons name will be on the bill but clearly everyone who lives in the house uses gas and electricity and benefits from the supply. The question in these situations is: who is responsible for paying the supplier? The following questions and answers aim to assist consumers figure out their obligations with regards paying bills:

 

What sort of arrangement is the consumer being supplied under?

 

There are three types of domestic contract and which one the consumers is being supplied under will have a bearing on who is responsible for paying for the supply.

 

•Contract - the consumer has entered into a domestic supply contract with a supplier, most consumers are supplied this way

•Deemed contract - the consumer has not entered into a contract but is using gas and electricity anyway

•Former tariff customer - the consumer has continued to be supplied by his former PES or British Gas since before competition and has not signed a contract

Who is responsible for paying if the consumer is supplied under a contract?

 

Only the person named on the contract.

 

•the person who is named on the contract with the supplier is legally responsible for paying for the supply until such time as the contract is terminated even if they move out. A contract is terminated when:

•the consumer moves out AND tells the supplier they are moving out;

• the supply transfers to another supplier; or

•the consumer tells the supplier they no longer need a supply and it is disconnected.

Legally other people in the property can be held responsible but only if the supplier can prove that the person who entered into the contract did so on behalf of the other residents. This will be very difficult for the supplier to prove as they will need to prove what was agreed between the residents.

 

If an account has been set up using the names of multiple occupants then the supplier can legally pursue any person named on the account for any outstanding debts. So in a situation where one tennant paid for their share of a properties electricity and/or gas consumption and another tennants share remains unpaid, the first tennant could still be held liable for the remaining debt on the account.

 

Who is responsible for paying if the consumer is supplied under a deemed contract?

 

Any adult living in the property and using gas and electricity can be held responsible for paying for the supply