View Full Version : Using deposit as last months rent
13-12-2005, 23:54 PM
If you cannot trust your landlord to return deposit and just tell them to keep it instead of receiving your final rent payment - what can they actually do about it? Surely it's just a case of put up and shut up?
Oh and there was no inventory anyway so any claim for keeping deposit is meaningless as there is no proof of the condition of the property in the first place.
14-12-2005, 09:09 AM
If you cannot trust your landlord to return deposit and just tell them to keep it instead of receiving your final rent payment - what can they actually do about it?Providing the tenancy agreement states that the deposit cannot be used for rent, as I understand it, that means that as far as the LL is concerned, you haven't paid the last month's rent and will have left the tenancy with a month's rent owing, for which he could initiate court proceedings. The deposit would still be used to make good any damage, and whatever's left over would be deducted from the amount of rent which you will owe.
Having said that, there's no doubt it leaves you with the upper hand as it means that LL will have to go to court to recover what may be a relatively small sum, rather than just pay you back a reduced deposit as he would if you'd played ball. The lack of a move-in inventory will also be in your favour (and as it suggests the LL doesn't know what he's doing, might, although I hate to say it, indicate that you are acting prudently.
This is the reason I insist on approx 6 week's rent as a deposit, as it (hopefully) gets the tenant out of the mindset that the deposit is equal to and interchangeable with the last month's rent, and also if they do withhold the last rent payment, at least there's something left over in the way of security.
14-12-2005, 13:04 PM
I have a very difficult landlord, and this has caused me problems from day 1 of my tenancy. I was very distressed by a number of things, and I called painsmith & co (you can see their advert on the right hand side).
I discussed matters with one of their solicitors, who advised me that so long as there was no inventory, and I could prove that I had sustainted expenses blah blah blah, in fact I could simply notify the landlord when I would stop paying the rent, to balance it with what he has of mine + what he ows me.
the solicitor explained that the landlord could take me to court about it, but if I had proff as above, it would not be in his interest at all, since despite what it states in the tenancy agreement, I would be within my right (I also have letters proving that I have tried to recover my money from him).
your case may be different, but I'd like to see anyone take someone to court for 1 month's rent that they already have anyway. I think the judge would be too annoyed to even laugh them out of court...
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