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Keeping final months rent payment...

Further to an earlier post.

If I was to inform the Landlord I was keeping the last months rent payment until we reach an agreement for him selling the house with my fixtures and fittings, where would I stand?

I rent through a high street nationwide agent so my deposit will be safe but presumably he could inform the agent to not give it me back.
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Comments

  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    if you do not pay rent the the agent will apply to take the deposit to cover the rent arrears - if the deposit does not cover the rent (and any damages/repairs) the LL and LA can take you to court to recover these costs plus their court costrs..

    You need to negotiate and sort out the fixtures issues separately
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    if there is damage and the deposit does not cover that plus the unpaid rent you will be taken to court and will probably have to pay court costs on top
  • DaisyDuke
    DaisyDuke Posts: 42 Forumite
    Part of the Furniture Combo Breaker
    Where is my protection as a tenant....???

    landlord markets a house I've only been in a few months, then sells my fixtures and fittings, won't let me leave four weeks early when i find somewhere to go and his buyer is waiting to move in.

    CAKE AND EAT IT.
  • DaisyDuke
    DaisyDuke Posts: 42 Forumite
    Part of the Furniture Combo Breaker
    There is no damage - the house is in better condition than when I moved in, new carpets, decorated throughout and family shower fitted.
  • N79
    N79 Posts: 2,615 Forumite
    DaisyDuke wrote: »
    Where is my protection as a tenant....???

    landlord markets a house I've only been in a few months, then sells my fixtures and fittings, won't let me leave four weeks early when i find somewhere to go and his buyer is waiting to move in.

    CAKE AND EAT IT.

    I refer you to my posts in your previous threads which covered your rights and the (limited) protection available to you. Not paying your rent is not one of the options open to you. Either:

    A) Leave your shower and carpet as a gift to your LL;
    B) Agree a price to sell your shower and carpet to your LL; or
    C) Remove your carpet and shower, relay the old carpet and make good in the bathroom.
  • Brallaqueen
    Brallaqueen Posts: 1,355 Forumite
    edited 23 July 2010 at 1:35PM
    DaisyDuke wrote: »
    Where is my protection as a tenant....???

    landlord markets a house I've only been in a few months, then sells my fixtures and fittings, won't let me leave four weeks early when i find somewhere to go and his buyer is waiting to move in.

    CAKE AND EAT IT.


    I advise on private sector issues, and the thing I have to repeat over and over again is "The protection is there but it does not materialise out of thin air. You have to act".

    A) You do not have to let your LL market the property. You can refuse any and all viewings and change the locks wihtout causing damage to the door.

    B) Landlord liability covers structural and sanitation repairs, you can force these through via the Local Enforcement officer. You can do it yourself and deduct from the rent (following STRICT GUIDELINES that shelter can explain to you).

    C) You moved into a fixed term, you can not leave early/LL cannot force you to leave early without all parties agreeing. LL has no obligation to keep you on for longer than the agreed term.

    D) LL has no obligation to pay you for renovations/redecoration you entered into of your own free will. They was your choice to make and carry out.

    Please, learn your rights and act on them, as no one will do it for you.
    Emergency savings: 4600
    0% Credit card: 1965.00
  • DaisyDuke
    DaisyDuke Posts: 42 Forumite
    Part of the Furniture Combo Breaker
    N79 wrote: »
    I refer you to my posts in your previous threads which covered your rights and the (limited) protection available to you. Not paying your rent is not one of the options open to you. Either:

    A) Leave your shower and carpet as a gift to your LL; Not likely, it was meant to be a long let not 2 months!
    B) Agree a price to sell your shower and carpet to your LL; or I would but he keeps fobbing me off
    C) Remove your carpet and shower, relay the old carpet and make good in the bathroom.
    and where does that leave the new buyer who has purchased the property with these things in?
  • N79
    N79 Posts: 2,615 Forumite
    DaisyDuke wrote: »
    and where does that leave the new buyer who has purchased the property with these things in?

    In dispute with your LL. However, this really is between them and is nothing to do with you. It would be the new buyers problem to sort with your LL. You would have no involvement and should forget about the buyer.
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    Keep it, then. You'll then have to engage in the TDS dispute service if you disagree with the retention of your deposit or perhaps be taken to court for additional expenses by the landlord. Plus if you are happy about getting a poor tenant reference. Your choice.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    DaisyDuke wrote: »
    and where does that leave the new buyer who has purchased the property with these things in?

    Who cares? That's for your landlord to deal with once the buyer takes possession BUT it could form part of your leverage to be compensated for the improvements you have paid for.

    Deal with your landlord in writing over this and warn him that should a reasonable agreement not be reached you fully intend to remove the items at the end of the tenancy. BUT this will oblige you to make good once the shower is removed.
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