Checking tenant has paid bills - holding damage deposit

Checking tenant has paid bills - holding damage deposit

Author
Discussion

Sparkysea

Original Poster:

614 posts

148 months

Tuesday 25th October 2016
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Hi All
I had a tenant who part way through his tenancy did not pay his council tax but later did when I pointed out THE council were chasing me and threatening me with summons!

He has now left and I have asked he ensures all bills are paid. I have said on this assurance I will return his damage deposit.

He has said he has paid all utilities and is waiting for final council tax bill. Is it ok for me to hang on to his damage deposit until all bills are confirmed paid? (it is protected in a scheme)
Sparky

Krikkit

26,535 posts

182 months

Tuesday 25th October 2016
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Sounds reasonable to me, and it was how my tenancy ended when I left my last (hopefully ever!) rented property. smile

Mattt

16,661 posts

219 months

Tuesday 25th October 2016
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I'm no expert but if he challenged the withholding via the scheme I'm not sure speculative bills would be a valid reason.

Sparkysea

Original Poster:

614 posts

148 months

Tuesday 25th October 2016
quotequote all
But are they speculative.. if I know he is waiting to receive final bills?

Blakewater

4,309 posts

158 months

Tuesday 25th October 2016
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Waiting for a final council tax bill sounds like biding for time.

What documentation have you got from the council? Are you getting bills in his name from the council because he hasn't provided the council with a forwarding address? If so, provide the council with his forwarding address so they can chase him wherever he's gone. Don't do this and you'll probably end up with bailiffs knocking on the door of the property. It's always worth getting the forwarding address of a tenant leaving your property so you can direct the council, utility companies, etc to where the tenant has gone if he hasn't paid bills.

You're not liable for the period your tenant was in the property, so you can't be issued with a summons.

If the tenant has told the council he's moved out sooner than he has, or if he's done a moonlight flit before his tenancy has ended and provided the council with his vacation date rather than his tenancy end date, provide the council with a signed copy of the tenancy agreement showing when his council tax liability should end. He's liable until you release him from the tenancy, not from when he leaves if he leaves before the tenancy ends.

CaptainSensib1e

1,434 posts

222 months

Wednesday 26th October 2016
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Why don't you (or him) just phone the council to see how much the outstanding bill is. Then let him know, and offer to pay it but take the amount off his deposit?

Audemars

507 posts

99 months

Wednesday 26th October 2016
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The tenant probably has to pay for his A45 car finance.

Don't sweat it. You are not liable and if baliffs do pop round they will quickly leave after they know about the situation.

Edited by Audemars on Wednesday 26th October 12:44

Europa1

10,923 posts

189 months

Wednesday 26th October 2016
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What does the tenancy agreement say the damage deposit is for? If it is just for damage, you'll be on shaky ground holding onto it for council tax/utility bills.

Blakewater

4,309 posts

158 months

Wednesday 26th October 2016
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CaptainSensib1e said:
Why don't you (or him) just phone the council to see how much the outstanding bill is. Then let him know, and offer to pay it but take the amount off his deposit?
The council won't tell anyone except the taxpayer what the bill is without the taxpayer's written authorisation to do so.