Landlord Help Please!

jimbraund

Hi i wont go through all the details but here goes.

I sent a letter to my landlord at the end of january explaining that i was giving 1 month's notice and i would be moving out at the end of feb, i then received a letter on saturday saying i hadn't paid my rent from Sept to Feb which totalled £1125.00 (My bank had not set up the new standing order and i know i should have checked).

I phoned the landlord on monday and explained and payed the £225.00 which was for Feb and advised i would pay back the reminder as soon as i could. When speaking to the landlord he didn't sound like he knew we were moving out at the end of the month but i didn't want to say anything due to the situation.

We payed a deposit of £575.00 but if he denies he rec the letter what position do we have as we were gonna use the deposit towards the arrears.

ginvzt

Do you have the proof of postage? As far as I know, you cannot use the deposit for rent arrears - it is not what it is for!!!!!

jimbraund

i don't have proof of postage which may be a problem, but if the deposit would not go towards rent arrears is there anyway of getting it back?

SwissLe

Isn't the money just sitting in the bank if there wasn't a standing order set up or is it a case you have spent it? You can just pay it now as unless the deposit is illegally private held you can't use it to pay arrears without asking your landlord.

You also should've sent the letter by recorded delivery or dropped it in by hand. You now have no proof you sent the letter.

clutton_2

of course the landlord can use the deposit can be used for arrears - a deposit it for breaches of contract - not paying the rent is a breach of contract

how come you did not notice the rent had not been paid for SIX months ? ??

Cissi

I also wonder how come the landlord didn't notice that the rent wasn't being paid for six months and chase it? Is there perhaps more to this story?

jimbraund

i'll explain in more detail, i can't afford to pay it back in one go because i have spent the money as i didn't realise it had not been taken (stupid i know but it won't happen again). the landlord did not notice because he is quite lax to say the least and forgets things quite easily but thats another story.

there is no hidden story here just a genuine mistake i made, i could easily just do a runner and leave the outstanding debt with the LL but i want to pay what i owe.

clutton is that right that the landlord can use the deposit towards rent arrears?

tazo101

So your rents not been paid by the bank, cant see what the problem is just pay the rent owed, you know the bit that "should" be sitting in your bank account!
Did you think the bank was paying you a bonus?

jimbraund

if you see my last post i have spent the money, yes stupid i know but i never used to check my statements until this happened. i'm asking for advice on what to do not what i should have done!

N79

You should now pay the rent you owe.

And yes Clutton is quite correct that the deposit, which is security for the performance of the contract, can be used to pay outstanding rent.

jimbraund

Thanks N79, i do want to pay the outstanding rent as it is my mistake and have offered to pay it back to the LL. Just one question if the LL says he never received the letter stating we were leaving what happens then.