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Can my old landlord withold my Deposit even though I am paying of the utility bills by direct debit?

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283 views 1 replies latest reply: 16 November 2015
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Tenant

Long story short I could not pay off my closing bills in one hit and I am currently paying them off monthly by direct debit, with no intention to cancel (one of my landlords concerns), because I pay what I owe. My old landlord is the maintenance manager for a local lettings agent in Southampton. He says he used the contract they use when privtaely renting a flat to us, according to him it is standard practise for all landlords etc… to demand proof of final payment/closing balances of bills before giving deposits back.

As far as I am aware this isn’t the case and in the contract it does not state this either. I have sent him proof of direct debits and even shown bank statements proving I am paying them off, yet he is not budging, does he have the right to withold it even though I am paying the bills ofd and they are in my name with corresepondence being sent to my new address?

There is also a chance he may not be holding it within a deposit scheme. I’d appreciate everyone’s help!

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Administrator

Hi Ben

Raise a dispute with the deposit protection scheme that has your deposit and let them decide. Do it quickly as you normally only have three months in which to do this. If you’re an assured shorthold tenant and your deposit hasn’t been protected then the landlord is in trouble. You can make a small claim for the return of the entire deposit and 1-3 times the amount in compensation too. If you want some advice on how to do that then try a law centre – this guide is also useful.

ALex

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