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Estate agents withholding deposit for over two months


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Hello, I was wondering if you could help me on this. My flatmates and I vacated the property over two months ago but the estate agents still haven't started the process of giving it back to us because we haven't been able to provide them with closing statements for our utility bills. The problem is that we all moved abroad and it has proven difficult to get Thames Waters and E-ON to send us the closing statements. I'm wondering if it's fair that the estate agents still won't give us the deposit back even if such a long time has passed and we clearly have no standing bills as they must know too. Can they keep withholding our money claiming that they need those closing statements?

 

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It is not up to the estate agent to start the process of paying back the deposit.

 

The deposit is between you and the Landlord. Was it protected in an approved scheme?

 

If so YOU should initiate a request for the return of the full amount. If there is any dispute, then the amount in dispute is set aside until resolved and the rest released to you.

 

It is no business at all of the estate agents the dealings between you and the utilities provided they were in your name.

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I did not know that. This is what one of the first emails said regarding the return of the deposit: "Once we receive the outstanding information and your written (email sufficient) confirmation of deductions we will be in a position to finalise your deposit return and transfer the balance of your deposit within five working days from the next file review date."

Shall I assume that this is incorrect and initiate the request for the return of the deposit with our deposit protection scheme?

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Any other opinion on the issue? It seems to me that my flatmates and I have no other way to claim the deposit back but raise a dispute though the deposit protection scheme. I wouldn't know of any other way to initiate a request for our deposit to be return.

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Not strictly correct CC, as LA may control the deposit in Company My Deposits a/c, but ultimately LL is responsible for deposit.

OP should be able to email E.on & Thames Water accounts dept for confirmation that final bill for in name of had been paid. If that is the only matter in dispute, then the named T on the deposit should be able to initiate return via 'single claim process; though after 2+ months I am surprised LL/LA has not done this already. Does deposit scheme have current email or mobile contact details for T? Most utilities will provide final mid-term statements if requested.

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If the utilities were in your name, then under the DPA you are not obliged to given them this information.

 

Is there anyone that could confirm this to me? These requests for closing statements have become a big issue between us and the estate agents and if what Surfer01 says is correct, that would solve the problem immediately.

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