Deposit with problem LA

gazfocus

I am in the process of moving out of a house and into a new rental house. I already have the new house and I am just looking for some advice regarding my last month rent and deposit.

I have had nothing but problems with the letting agency throughout the entire tenancy and this is the reason I'm moving. I have been reading up on deposits and the LA only protected my deposit when I asked for a copy of the certificate (11 months after moving into the house). However, I'm still worried that I may have to fight for my deposit and so I am wondering whether it's worth not paying the last months rent and letting them take it out of the deposit (the rent is £450pcm and the deposit was £550).

Any advice would be great.

princeofpounds

Firstly, the deposit has nothing to do with your LA. It is the LANDLORD's responsibility to ensure that it is protected and to initiate any disputes. The agency may handle it for them but otherwise aren't reallt that relevant.

You should check that your deposit really is protected. Ring the scheme concerned.

If it is protected, there isn't much to worry about. The arbitration is generally fair to tenants and as long as you have evidence to back up your case (although the burden initially lies on the landlord for deductions) then you will be fine.

If you don't pay the rent, you will still go to arbitration (or maybe small claims court if damages sought exceed the deposit) and it won't look as good for you. Whilst your £450 will be 'safe' in your pocket you probably increase your chances of a negative decision on anything else.

Either route you will probably have to go to arbitration, so it doesn't make too much difference.