Landlord calls utility companies for your payment record? Then withholds deposit????

[demon_x_slash]

No, no, no, she cannot withold any part of your deposit for utility bills as long as they are in your name. It was illegal for the utility companies to give out the previous tenants' payment history under the Data Protection Act. As long as the bills are in your name, the utility company will chase you for any outstanding amounts, not the landlady, as she has no contract with them whatsoever. As long as you ensure that you notify the utility companies (pref in writing) that your tenancy ends on XX of XX month, then there should be no problem with them charging you for any use she gets out of them in the days after you leave (seen that happen before).

 

She cannot withold the deposit 'because she feels like it' - deposits are for damages at the end of a tenancy, and all damages have to not only be proven to have occurred during your tenancy period (i.e., with an entry and exit inventory showing a difference), but the repairs have to be accounted for with invoices and receipts. The money is yours in its entirety unless the landlord can prove that you've damaged something over the boundaries of normal wear and tear.

 

If you wanted to be a little sneaky, you could contact the utility companies and ask for it to be noted on your records that the account will only be discussed with you and a password of your choice - 'you've had a bit of trouble with minor identity fraud recently, catalogues in your name or something, and want to make sure that all the companies you deal with are sure that they're dealing with you'... that may pre-empt any attempt she makes to (illegally) discuss your accounts with the utilities companies.

[demon_x_slash]

There is no legal requirement for tenants to prove they have paid all bills incurred while they were at the property. If you're suggesting that, then Planner's example of credit cards, mobile contracts, is not as stupid as you seemed to think. None of these bills, including Council Tax, are secured on the property. They have nothing to do with the property, and therefore nothing to do with the landlord. They are personal bills, and personal debts, only enforcable on the debtor themselves and no one else. All the 'hassle' that you seem to think will occur can be stopped with a copy of the previous tenant's tenancy agreement, showing the end date, and a copy of the notice to quit served on the previous tenant by the landlord. Alternatively, Council Tax records proving that there is a new occupier should suffice.

 

If the creditor discloses any information about the debtor's account to a third party without the debtor's express permission, then they are breaking the law and must be reported, both to the police and the Information Commissioner.

 

Hope that's cleared things up for you, Rajesh.

[demon_x_slash]

As I've said before, the moral stance can be whatever you want or believe it to be. Legally, a debt is only enforceable on the debtor themselves or their guarantor; legally, companies are not allowed to discuss personal account information with third parties.

[demon_x_slash]

As before, if the bills are in your name then the landlord will not be affected by anything that you do or do not pay, and therefore has no say in it. The deposit is security for damages; if the LL retains any for 'unpaid bills' and the like then he is effectively deciding for you how your money should be spent paying off your financial affairs.

 

It may be an idea, for your convenience, to copy in the landlord when sending your letters to the utility companies giving your new address and asking for a final bill. That way, the LL can be assured that the utility companies have an address at which to chase you should you decide (not that you will) to leave bills unpaid.