Advice when leaving a rented flat

Hi folks,

In a month my girlfriend and I are moving back to the states after a year here and some issues have arisen regarding leaving our Manchester flat. I wonder if anyone can advise.

One thing is that the leasing agent requires us to prove that we have paid all of our utility bills before they return our deposit. Is this normal? We are going to be long gone 2 days after we move out. It's going to be quite a hassle to get final bills and have them forwarded to the agency.

This brings me to my second issue. Call me paranoid but after dealing with NYC landlords the past 10 years, I'm anticipating the landlord trying to withhold our security deposit even though the apartment will be in perfect condition when we leave. It's a lot of money - they made us put up double because we are foreign students. According to the new law, the landlord has 10 days to return your security deposit and you have 20 days after you move out to file a dispute if it's not returned. But I anticipate it taking at least 10 days to get all of our final utility bills sorted out. The utility companies are pretty slow here (don't even get me started on BT). I feel like if anything goes wrong it's going to be very difficult to file a dispute within that time frame. 

My girlfriend says that I'm worrying for nothing because they will have no reason to keep the deposit. I know she's right but I feel like I'm totally at the mercy of the landlord here. He could very easily just keep our money and it would be really difficult for us to take action.

Has anyone been through this process? How did it work out for you? I sincerely appreciate any input.

Cheers,
RB

The good news is, it isn't up to the agent to decide if you get your deposit back, it's up to the Tenancy Deposit Scheme people.  So if it's not returned within the 10 days, file a complaint right away, utility bills or not. Some agents do ask for the fnal bills but they really are not relevant as the landlord can't be held liable for them anyway.

The good news is, it isn't up to the agent to decide if you get your deposit back, it's up to the Tenancy Deposit Scheme people.  So if it's not returned within the 10 days, file a complaint right away, utility bills or not. Some agents do ask for the fnal bills but they really are not relevant as the landlord can't be held liable for them anyway.

I see. Thanks Britwife. I was thinking of doing that.

It's confusing because in our lease it says nothing about having to have all the bills paid. But when we gave them notice of our leaving they sent us a letter saying, among other things, that "...your deposit will be returned on production of all final utility bills... which should be suitably receipted..."

Is it legal for them to do that?

I just re-read the Tenancy Deposit Scheme. I had it wrong. It seems that the landlord/agent must tell you within 10 working days of the end of the tenancy if they propose to withhold any of your deposit.

I guess that way I will know whether I have to file a dispute or not. It doesn't say what happens if they don't notify you and still try to keep your deposit, though.

I see. Thanks Britwife. I was thinking of doing that.

It's confusing because in our lease it says nothing about having to have all the bills paid. But when we gave them notice of our leaving they sent us a letter saying, among other things, that "...your deposit will be returned on production of all final utility bills... which should be suitably receipted..."

Is it legal for them to do that?

If it wasn't stated in the lease then you have no obligation to provide the final bills.  They're just being cheeky!

I guess that way I will know whether I have to file a dispute or not. It doesn't say what happens if they don't notify you and still try to keep your deposit, though.

If that happens you should file a complaint.

We have been asked to provide final utility bills as well.  We moved out on 5 May and are hoping to give the final bills this week so we can get our deposit back!  We are in Edinburgh.

We have been asked to provide final utility bills as well.  We moved out on 5 May and are hoping to give the final bills this week so we can get our deposit back!  We are in Edinburgh.

was it stated in your lease though? if not you don't have to.

Don't know really, it might have been. This lease says we will not be repaid the deposit until we settle any sums outstanding due by us. I am guessing that's broad enough to mean utilities?

I know In my lease there is no mention of final bills.

Now I've been informed that our flat needs to be cleaned to a "professional standard". And they are strongly recommending that we hire they're cleaning company. It's crazy. The apartment was absolutely filthy when we moved in. We spent an entire day bringing it up to speed.

I'm wondering if there is a law that states how long they have to return your deposit. I know in New York, it's 30 days.

Don't know really, it might have been. This lease says we will not be repaid the deposit until we settle any sums outstanding due by us. I am guessing that's broad enough to mean utilities?

That's so vague it would likely be unenforceable. I mean, what if you owe money on your credit card? Or have furniture on HP? It's nothing to do with them.

I know In my lease there is no mention of final bills.

Now I've been informed that our flat needs to be cleaned to a "professional standard". And they are strongly recommending that we hire they're cleaning company. It's crazy. The apartment was absolutely filthy when we moved in. We spent an entire day bringing it up to speed.

I'm wondering if there is a law that states how long they have to return your deposit. I know in New York, it's 30 days.

The cleaning is pretty standard.

They have 10 days to pay it:

http://www.direct.gov.uk/en/TenancyDeposit/DG_066373

NB Roadbull: do you have an inventory detailing the condition of the place when you moved in? Or photos?

NB Roadbull: do you have an inventory detailing the condition of the place when you moved in? Or photos?

I have an inventory, where I made detailed comments about everything. Out of politeness, I did not say that the apartment was filthy. I should have. And I should have taken photos. But what the agent did was to take my comments which were hand written and detailed and type them up on a new inventory sheet which they gave back to me, but they condensed my comments to short and very vague phrases. I have to try to get the original back from them because I didn't make a copy.

This whole process makes me realize that I've been way too trusting.