Can deposit be used to pay last rent

darbooka

If a tenant on a statutory (month-to-month) tenancy has been served the required two-month's notice requiring possession by the landlords, on the last month can the tenants choose not to pay the rent and instruct the landlords to take that amount from the deposit (which is somewhat more than a month's rent)?
After all, the deposit is primarily to ensure that the landlords won't be without funds if a tenant misses a rent payment, and since the tenancy has been called to an end then if everything is in good order there really won't be any need to invoke the deposit at the last month.

[Deleted User]

I don't think you can. They will keep the deposit until the last day of your tenancy, when they'll check that everything is ok. Some landlords don't even return the deposit. Mine didn't :eek:

molotov_3

Worth asking your Landlord, would seem a reasonable request!

silvercar

the tenants choose not to pay the rent and instruct the landlords to take that amount from the deposit

I used to do that when I rented. Technically its not allowed, but at the end of the day most landlords will just accept it.

us,thecat&thedebt

i am a lettings manager and it is not allowed..

the deposit is not there to ensure the ll does not go with out funds

the deposit is security against damages..

untill you move out he cannot check for damages...

if you do not pay rent your ll can pursue you for non payment regardless of it being end of aggreement...

i wouldnt even ask just pay the rent and get your deposit back at end of tennancy...

us,thecat&thedebt

Van1971 wrote:

I don't think you can. They will keep the deposit until the last day of your tenancy, when they'll check that everything is ok. Some landlords don't even return the deposit. Mine didn't :eek:

if he withheld it for unreasonable or no reason at all you can get it back by filing a money claim against him or her...

Rickycowslip

I suppose the principle here is who can be bothered to go down the legal route.
Too many unscrupulous landlords use their own 'discretion' when considering returning deposits, its hardly surprising many tenants hold back the final rent as security.
Either pay all your rent then sue the landlord, or hold back the rent and let him sue you - I'd opt for the latter

Alleycat

I would say although technically the deposit is there as security against damage, if you have been in the tenancy a reasonable period of time, have a good relationship with your landlord and have been model tenants i.e. rent paid on time, no hassles etc then it can't hurt to ask.

If the landlord says no then fair enough, but they may be happy to go with it. Just depends on the landlord really and if they have had their fingers burnt in the past.

zzzLazyDaisy

My son has had numerous rented flats, and whenever the tenancy has come to an end, the landlord has kept the deposit, without fail. These are 'bottom end' tenancies, which had clearly not been decorated for years and had poor furnishings. The last two tenancies, my son kept the last month's rent, for that very reason. The landlords didn't like it, but did not pursue him. There is a certain type of landlord who sees the deposit as some sort of compensation for the tenant leaving.

Personally I would keep the last month's rent and let the landlord argue about it if s/he wishes. But no, it isn't legal to do that.

amboy

Unfortunately the unscrupulous LL give the rest of us a bad name, I often let the tenants withold at least half, that way they know they are more likely to get it back and would have less to ose.

If you have had a good relationship then approach your LL saying that you are a little short in the last month as you need money for moving next deposit or whatever.

OH and as from April LL cannot keep deposits, check the ODPM website to see the different schemes that we have to follow.

[Deleted User]

us,thecat&thedebt wrote:

if he withheld it for unreasonable or no reason at all you can get it back by filing a money claim against him or her...

That was over 10 years ago. He claimed he kept the deposit to cover his several trips (petrol etc.) to the flat to check its conditions during the time I was there. :rolleyes:
I threatened to take him to the small claim court but in the end I didn't pursue it. It stil makes my blood boil everytime I think about it, not just for the money, it is a matter of principle. :mad: