withholding last months rent

harryp_3

Hi there. I have been given notice to vacate property at the end of june and I am intending to not pay last months rent to ensure we get our deposit back-£800. I don't like the idea of doing this but I have reason to believe the landlord is struggling financially-debt collectors at door, letter from insolvency prac- and cannot afford to lose this. It is a private let for a fixed term of 12 months which ended in february since when we have been on a month to month(verbal agreement). If I do withold last months rent what action can the landlord take. I am in scotland.

pickledpink

You can't take it upon yourself to withold the rent YOU owe! The landlord would have every right to take tou court for the unpaid rent, plus interest and court fees.

You're just ASSUMING they'll not return your deposit!

The whole point of a deposit is to make sure a tenant doesn't trash the place or leave it in a disgusting, filthy state. Or steal something.

If the landlord lives in the property you're not even a tenant - you're just a lodger and have no rights at all. He can tell you to leave today if he so wants. If you are a tenant then he'll have put the deposit an holding account anyway - which safeguards your interests - and his.

Lording it about will do you no favours at all. You're not the owner - he is! And you have to abide by his rules.

Of course, you could always approach and ask him nicely if he would mind you keeping the last month's rent as your deposit - but he isn't compelled by law to do that.:money:

pyueck

Hmm difficult one, I certainly feel for people in such situations. There is certainly no reason why you should have to bail the landlord out of such situations. As your deposit should be being held in a scheme, the landlord should not actually be in posession of your money unless he sucessfully proves he has a right to deduct money from it. If it is not protected definately don't pay the last months rent and tell him you want 3x the deposit as compensation or you will go to court.

Go on what the landlord is like, if he is clearly struggling financially, he probably wont have the time or energy to take you to court, and I think most judges would completely understand why you did not pay the last months rent, although technically you should pay it. Be careful though, you don't want a CCJ against you, especially if you are ever wanting to buy or have a job where a CCJ could impact you (e.g. accountant). If you get a court summons for non payment I would pay up.

pyueck

pickledpink wrote: »

You can't take it upon yourself to withold the rent YOU owe! The landlord would have every right to take tou court for the unpaid rent, plus interest and court fees.

You're just ASSUMING they'll not return your deposit!

The whole point of a deposit is to make sure a tenant doesn't trash the place or leave it in a disgusting, filthy state. Or steal something.

If the landlord lives in the property you're not even a tenant - you're just a lodger and have no rights at all. He can tell you to leave today if he so wants. If you are a tenant then he'll have put the deposit an holding account anyway - which safeguards your interests - and his.

Lording it about will do you no favours at all. You're not the owner - he is! And you have to abide by his rules.

Of course, you could always approach and ask him nicely if he would mind you keeping the last month's rent as your deposit - but he isn't compelled by law to do that.:money:

OP just so you know this posting is completely legally wrong on so many levels I can't even be bothered to go through them.

lizzielondon

pyueck wrote: »

OP just so you know this posting is completely legally wrong on so many levels I can't even be bothered to go through them.

i think p.pink is assuming the op is a lodger- i'm not sure if they are or not

pickledpink

Actually - YOU'RE wrong!

He has no right whatsoever to withold his rent on an assumption!

He has to pay his rent on a due date. End of.

If he's a tenant his deposit will be in a holding account - so he'll have nothing to worry about.

If he's a lodger he hasn't got a leg to stand on. If he refuses to pay his rent his landlord can throw him out the same day; keep his deposit - and also take him to court for the unpaid rent!

You obviously don't know your onions!:money:

harryp_3

Actually we are tenants. As for the rent being held in a holding account, I'm not sure about this will have to find out. pretty sure it won't be though.

lizzielondon

pickledpink wrote: »

Actually - YOU'RE wrong!

He has no right whatsoever to withold his rent on an assumption!

He has to pay his rent on a due date. End of.

If he's a tenant his deposit will be in a holding account - so he'll have nothing to worry about.

If he's a lodger he hasn't got a leg to stand on. If he refuses to pay his rent his landlord can throw him out the same day; keep his deposit - and also take him to court for the unpaid rent!

You obviously don't know your onions!:money:

a) obv it should be but so many lls don't follow the rules...
b) is this true? surely not? under what justification? is it a scotland thing?

clutton_2

OP is in Scotland - different laws apply - there is no Deposit Scheme and landlords keep deposits in their own bank accounts quite legally....

As a LL and letting agent I have once recommended that a tenant should not pay their last months rent as i knew the LL would retain the deposit for no reason.....

its a fine moral point... if the LL is almost bankrupt he will have no money - and he will have already spent the deposit...

if OP leaves the house in immaculate condition i would be tempted to agree with his proposed action ....

but... its generally not good practice

tricky

harryp_3

Cheers Clutton. I was just about to make the same point regarding deposit scheme. Another point is that we did sign an inventory but it only listed the contents and didn't make any mention regards condition of the flat. By the way the flat has been well cared for.
Looking at the lease it makes no mention of continuing the lease after the 12 month tenancy and we haven't signed another lease. Are we still binded by the original tenancy agreement?

clutton_2

i dont know about Scottish Tenancy law so cannot answer - sorry