landlord won't return deposit without water bill

[kezzer]

hi all....just a quick question. I moved out of a rented property just over 6 weeks ago and still haven't received my deposit or month's advance rent back. Anyway, after a couple of weeks of non-communication from my landlord I called him and he told me he'd send it as soon as he received my council tax bill and final water statement (I was using prepay gas and electricity cards). I sent him my council tax statement a couple of weeks ago, but haven't yet received a final statement for the water bill (not my fault...I informed them of my move immediately called them a couple of days ago and they didn't seem to realise that I'd already informed them of my move!) so I sent him of the final water meter reading for the property. Still no deposit so I called him today and was told that they couldn't release the deposit until they received my final water statement.

Anyway, I can see his point, being that if I'd moved out without paying my bills the new tenants could be liable for them..BUT...surely as the landlord has records of when my tenancy came to an end wouldn't it be the previous tenant, rather than the new tenant or the landlord who was liable??

 

So, basically, I was just wondering if my landlord's being reasonable in asking for this?

[MrShed]

Were the bills in your own name?

[kezzer]

they were indeed

[knoxvillain]

Is there any mentioned of these requirements on your lease or is he has he just decided this is what he wants to do?

[MrShed]

Unenforceable. If the bills are in your name, it has nothing to do with the landlord whether they are paid or not. You are liable, even after moving, and so this is an unenforceable term.

[kezzer]

thanks guys...that's just what i thought. I rang my landlord and spoke to his assistant, she pointed out that it was in my contract that I needed to supply him with all my bills when moving out. Which I did apart from the water bill. The bills are in my name so how do I go about getting my deposit back!?

[MrShed]

Sue them.

[kezzer]

I'd love to but isn't that taking it a bit too far!

[kezzer]

wouldn't a harsh letter do the job?

[MrShed]

Maybe, but the only way at the end of the day you can actually enforce any claim to money is through the courts.

[kezzer]

I'm happy to take him to court in the long run....but shouldn't I write to him in the first place letting him know that he's in the wrong

[demon_x_slash]

Yes - when MrShed says 'sue them' he means go through the suing process. That would involve a preliminary stage where you write to the landlord detailing your grievance/s, what he can do to resolve them, and what you're going to do if he doesn't. It will give him a timeframe within which you require a response (usually 14 days). If not resolved, another letter may follow, a Letter Before Action, stating again what your problem is, what you expect to be done about it, and that if it is not resolved within another 14 days you will issue a Small Claims against him for the amount. So 'suing them' doesn't mean jumping into the courtroom feet-first, and anyway the Small Claims Court is not a place to be intimidated by. It's there for ordinary people to assert their rights and represent themselves - you put your side, they put theirs, a judge listens and decides.

What may help is to familiarise yourself with the Small Claims process, so it's not so scary. Read through the FAQs on reclaiming bank charges, as the whole process is in there (the procedures are the same) or go to the library and get Small Claims Procedure: A Practical Guide by Patricia Pearl, or something similar. Keep posting on here with updates, and someone'll be able to point you in the right direction each time. Hope that helps.

[knoxvillain]

I'm going down a similar route with my landbaron so if I am happy to help you in any way I can with the process. My lengthy thread here - http://www.consumeractiongroup.co.uk/forum/landlords-tenants/51780-not-getting-425-deposit.html has some letters you may want tweak to suit your situation. The stickie at the top of the Landlord section is also very good.