Using deposit as last months rent

[MrKJM]

Hello,

I am looking at a property and I really love the property however the letting agent has 17 people all say that they very much refuse to give up the deposit and it usually ends in a legal battle including cases of people going to court.

I was wondering, if by any chance, I could not pay my last months rent and tell them to take it from the deposit with little or no actions taken against me.

I dont see where its wrong as I am paying them the rent however in a different way.

I am in Scotland.

Can anyone give me advice?

[Tom Herbert]

I've, as a tenant in Scotland, done exactly what you propose without consequence. If you think that the landlord won't ask for money for repairs, or if the deposit is greater than the last month's rent then you might be able to get away with it.

At the end of the day though, your tenancy agreement probably requires you to pay rent monthly on top of putting the deposit down. By not paying rent in the last month you're likely breaking the terms of your tenancy agreement and you'd be on the wrong side of the law in a dispute. My advice as a previous tenant would be to pay the rent. You should get your deposit back promptly after your tenancy ends.