Withholding of Deposit Pending Reciept of Final Utility Payment Confirmations

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T
Tom39
125 Posts
5 Thanks

Dear Advice Team,

I use the RLA's standard "Deposit Guard" AST which states that the Landlord may keep the Tenant's deposit until satisfactory proof of payment of utility bills has been made.

Accordingly I withheld the deposit of a departing Tenant whom - amongst multiple tenancy transgressions - had flatly refused to provide such proof and whom indeed was subsequently revealed to have evaded payment by fraudulent means.

The Tenant appealed to TDS, who found in my favour on all counts save the above: it stated that I could NOT withhold payment of the deposit on the above.

This would appear to represent a contradiction in the rights of the Landlord as set out by the RLA's Deposit Guard AST and TDS's own interpretation of the Law. Both cannot be right.

I would be grateful for comment.

Thank you for your assistance.

30/08/2016 14:57

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