Not paying last month rent?

xMaryJanex

Hi there. I wonder if you can all give me some advice. I'm a long term lurker, and first time posting. My situation is as follows:

Moved into a place in England over 3 years ago (June 2007) and signed for the first 2 years then periodic ever since.

I'm looking to move out in the next couple of months so went through my tenancy documents etc to ensure everything was in order. In doing so I discovered that my one month deposit wasn't protected. Checked with all 3 schemes and they have confirmed.

I have barely spoken to my LL in the last 2 years (one phone call and 2 emails). When I called him to tell him I was going to be moving out soonish, I discovered he has moved abroad some time ago (I am aware of the tax implications of this but am dealing with that separately).

Anyway, turns out the UK address I have for him isn't his anymore, and he wouldn't give me a new address. He also doesn't want to protect the deposit as it's too much hassle if I'm leaving soon.

I'm thinking about withholding the last month deposit as I don't know how I'll get it back otherwise. Given that there is no protected deposit, no gas safety cert, the trouble with the HMRC given his overseas status, I feel there is no other option.

It's not normally something I would consider as I have a flawless credit history and have never missed a payment in my life but I don't see much other choice.

I'm also concerned about the bad (or no) reference I will get for my next place. I don't have contact details for any of my other landlords as it's been over 3 years since the last place. What can I do about this? I can pay several months rent up front if needed and provide a guarantor - would this help?

Landlord-Certificates

Dont worry. If I were the landlord (and I was honest) then I wouldn't mind you witholding the last months rent. In fact it will be easier for you and him. Just let him know as its the best way forward. His tax situation isn't your business. The gas safety certificate on the other hand is! Has there never been an inspection in the time you have lived there? If not then that is against the law.

I also wouldn't worry about references. Most of the agents I deal with just ask for references - they dont specify who from in particular so a reference from your employer and a guarantor in the family would be fine in my opinion.

Wings

If i were in your position i would withhold the last month rental payment, explaing to any new LL/LA that you had no address for your last LL, but can offer alternative references.

Geenie

xMaryJanex wrote: »

Hi there. I wonder if you can all give me some advice. I'm a long term lurker, and first time posting. My situation is as follows:

Moved into a place in England over 3 years ago (June 2007) and signed for the first 2 years then periodic ever since.

I'm looking to move out in the next couple of months so went through my tenancy documents etc to ensure everything was in order. In doing so I discovered that my one month deposit wasn't protected. Checked with all 3 schemes and they have confirmed.

I have barely spoken to my LL in the last 2 years (one phone call and 2 emails). When I called him to tell him I was going to be moving out soonish, I discovered he has moved abroad some time ago (I am aware of the tax implications of this but am dealing with that separately).

Anyway, turns out the UK address I have for him isn't his anymore, and he wouldn't give me a new address. He also doesn't want to protect the deposit as it's too much hassle if I'm leaving soon.

I'm thinking about withholding the last month deposit as I don't know how I'll get it back otherwise. Given that there is no protected deposit, no gas safety cert, the trouble with the HMRC given his overseas status, I feel there is no other option.

It's not normally something I would consider as I have a flawless credit history and have never missed a payment in my life but I don't see much other choice.

I'm also concerned about the bad (or no) reference I will get for my next place. I don't have contact details for any of my other landlords as it's been over 3 years since the last place. What can I do about this? I can pay several months rent up front if needed and provide a guarantor - would this help?

I am a LL and would advise against not paying what is due. That said, in this case, I am all for you OP going ahead and keeping the money.:T

I detest LL's who do not do things correctly, let out unsafe places and think they can p*ss off abroad and still get their rent each month. They are supposed to give you their address and put the deposit in a scheme.


Keep all the emails and details of your tenancy OP incase the LL decides to strike back. Good luck.

tbs624

Landlord-Certificates wrote: »

Dont worry. If I were the landlord (and I was honest) then I wouldn't mind you witholding the last months rent. In fact it will be easier for you and him. Just let him know as its the best way forward. His tax situation isn't your business.

His tax situation could very well be the OPs' business - in certain circumstances Ts are required to deduct tax prior to paying the rent. See here

OP - if you have not been given a valid address in England or Wales, at which Notices relating to the tenancy may be served, then the LL can't lawfully demand rent until such time as he does provide that address. (S48 LL and T Act 1987):)

tbs624

xMaryJanex wrote: »

I'm also concerned about the bad (or no) reference I will get for my next place. I don't have contact details for any of my other landlords as it's been over 3 years since the last place. What can I do about this? I can pay several months rent up front if needed and provide a guarantor - would this help?

Yes to the last sentence. Bear in mind also that problem Ts don't usually get to stay put for 3 years. You have bank records presumably that show that you paid rent on time and you can take dated photos of the property to show that you left it in good order.
Decent future LLs would not be surprised if you decided to withhold the final payment in your circumstances.

The usual advice is that you should always pay the rent in full and then reclaim your deposit separately as the LL could theoretically land you with a CCJ if they chose to pursue you for the unpaid rent but.....

If your LL has never bothered with a GSC then he has committed more than one offence since LLs are obliged to retain their GSC records for a min of two years, as well as organising an annual gas safety check and the cert.

He is legally obliged ,as you say, to scheme register your tenancy deposit and it sounds as though HMRC may want a friendly chat.

It would be a brave/stupid LL who tried to pursue a T to court over using the last month's rent to claim back the deposit with that lot in the background.

Good luck with finding a new property and a more honest LL.