Q: After 4 1 / 2 months of struggle with a travel agent who has not returned our deposit (three tenants), they now say that because all the utility bills gas / electric are not fully paid up they will not return them deposits. Am i correct in thinking that the person liable on the bill is NOT the landlord or letting agent?
We previously sent two letters to lawyers ask them for money back and have no response. Before that they gave various excuses or simply refused to talk to us.
One of the tenants has been moved and nobody knows their wherabouts so if their part of the outstanding invoice is shared that is beyond our control.
We now get help from the local housing advice so that we may have to sue. But this is a new with the gas bill!
Any help please.
Read this it will take ages but post 727 says it all in a nutshell. This row about a deposit has been going on for months, the OP just did a summary in post 727 but many of us have been following it since it started.
http://www.consolidation-debt.tk/showthread.html?t=227606&page=37
i beleive it is standard procedure not to repay deposit until they have proof that the bills are settled.
you will have to settle the bills first i think and then go and chase your (ex)friend.
You are leaving the property and should have paid all your bills upto date. Why are you reluctant to do so?
It doesn't look very good on you! What do you say to the judge, "I haven't had my deposit back because I have outstanding (and overdue) utility bills on his property"?
You share a property and you share the liability to pay the bills. you can't expect the utility companies to bill each of a third.
If you want the deposit back, I suggest you sort the bills out. Round here it is standard to require tenants to show cleared bills, particularly for council tax and water, before deposits are returned.
The only rights the landlord has or anyone else taking over the property is to remove your names of the bills.
Read your contract and find out who keeps your deposit whether it's the landlord or letting agency. If it's not clear and you paid your deposit to the letting agency then they are the party you need to pursue.
Then what you need to do is find a copy of each utility bill you as a group of tenants are responsible for in your contact and photocopy it. Write a letter and attach each of the bills. In the letter state what bills are attached, you would like your deposit within 30 days otherwise you will start court proceedings against them to claim court costs, deposit amount and anything else you want to claim for. Keep the letter short and straight to the point and sent the letter by recorded/registered delivery or fax and keep the receipt to prove that no way they would not have got it.
After 30 calendar days start proceedings against that party in the small claims court. You don't need to give them further warning.
Most letting agents think people are bluffing when they say they are going to do this but they normally pay out or face going to court.
A letting agent tried this on with me in the past and a friend of mine. The threat of court action meant they paid up in my case and in the other case proceedings actually started but they paid up. Neither of us in different house shares had any outstanding bills but they claimed we did and didn't prove their claim.
I think the best way to proceed would be to contact the utility company with the dates you moved in and out and the meter readings on those dates, get them to send you the bill for what you owe (if anything) , pay it and get a receipt. Send this to the letting agents who will then know you have paid up and should be in a position to return your deposit.
As far as I know, if you are the person named on the bill then you are liable. The fact that your co-tenant didn't pay their share is between you and them, not anyone else I'm afraid.
I write as a landlord whose letting agent failed to inform British Gas of the new tenants and is currently having to prove to BG that I don't owe them for my tenant's usage. I also have a friend who let out the house next door to mine. His tenants disappeared leaving him to pay £1000's in unpaid bills
You are absolutely right, its the tenants whose name is on the bill thats responsible for the debt; not the landlord! Any correspondence ie Gas, and other utilities notify ofgas etc and complain, and insist a letter from the agent as to why the deposit is not being refunded, and contact CAB first!
May have to consider small claims court.