Final months rent/deposit

dlk

I have given my notice that I'm moving in just over a months time so should be paying my last months rent tomorrow (then recieving the same back from my deposit a month from now).

Until the last few days my intention was to do exactly that however after a bit of a disagreement with regards to him wanting unlimited access to the house for viewings at any time of day or night and being rather unreasonable about it I'm concerned he may be equally unreasonable when it comes to deposit return.

I am therefore thinking of simply not paying the last months rent in lieu of the deposit and foregoing the deposit. I realise on this particular issue I am in the wrong do this but don't want to risk losing the deposit.

If I do this is there any issues I should be aware of that I should be concerned about. I'm buying so no need for landlord reference and after his rather unreasonable demands over access I'm not having any moral qualms about doing it (he doesnt actually lose out anyway getting the deposit) but could I find myself having problems I hadn't accounted for doing this?

robatwork

I'm sure an agent will be along in a minute to advise but....

If your deposit = your rent then what you are saying to him is that he gets nothing for any damage you have done to your place. Is this correct?

Also isn't your deposit ringfenced in the TDS or similar so he can't just take it with no reason?

I know where you're coming from but you could end up in court if he decides to take it that far

dlk

I can't actually imagine why he would do that. There is no damage to deduct for and if the deposit has been protected (which I have no idea whether it has or not) then I would have no problem agreeing to the deposits release to him.

G_M

Are you in Eng/Wales? If so, then your deposit should be safely registered with one of the 3 approved schemes? Is it?

If so, what are you worried about? The reason the schemes were set up was for precisely this reason- to provide a 3rd party, objective body to resolve disagreements where they exist over deposits between LL and tenants.

Pay your rent as required by your tenancy.

Make clear (in writing) what viewings you are willing to agree to in the final month.

And use the deposit scheme if required.

BitterAndTwisted

You have no idea whether the deposit has been protected or not? Then find out, it's important. If the tenancy started on or after April 2007 it should have been as it's been a legal requirement since that date.

If you decide to withhold the last month's rent in revenge for an issue which could quite easily be resolved you are risk of the landlord attempting to make unreasonable deductions from that deposit. Whether they will be able to do so depends on whether your deposit is registered or not and whether there was a dual-signed inventory at the start of your tenancy. So find out: DPS, TDS or MyDeposits.

dlk

My concerns however are how honest he is. When we moved in 3 and 1/2 years ago the comet delivery man caused a tear in the flooring (under where the washing machine was so we didnt really care). They paid the landlord directly by cheque £436 to refloor the room but this has never been done. If he now deducts £436 from my deposit for something he has already been paid out for I can't see what I can do to dispute it.

There is also the shower missing in the downstairs shower room which his maintenance man was supposed to fix about 18 months ago so again what is stop stop claiming I have nicked his shower?!

Yorkie1

If you have correspondence from each occasion to back up what you say, then the chances of the deposit scheme deciding to pay those amounts to your LL are relatively slim.

Do as G_M says; two wrongs don't make a right.

BitterAndTwisted

If you know that he's received compensation for the flooring and you have proof of it then he can't ask you for the same compensation, can he? In any case, he was under absolutely no obligation to replace the flooring, so he hasn't. He won't be able to charge you the full £436 replacement value because the flooring will be three and a half years older than it was when you moved in.

I'm sure when there was an issue with the shower you have all the documentation to hand from when you put all this writing to the landlord, don't you?

Still, it sounds like you've made up your mind so I wish you all the best

G_M

dlk wrote: »

My concerns however are how honest he is. When we moved in 3 and 1/2 years ago the comet delivery man caused a tear in the flooring (under where the washing machine was so we didnt really care). They paid the landlord directly by cheque £436 to refloor the room but this has never been done. If he now deducts £436 from my deposit for something he has already been paid out for I can't see what I can do to dispute it.

There is also the shower missing in the downstairs shower room which his maintenance man was supposed to fix about 18 months ago so again what is stop stop claiming I have nicked his shower?!

1) you simply explain to the dispute resolution service, as you have here, what happened with Comet. Of course if the LL gives a different version, the the arbitrator has to decide who he believes, so if you have any evidence (proof of new washing machine installation date? Letter you sent to LL reporting the damage? Statement from Comet... etc etc) that will help you. But it is not a requirement.

2) Why is the shower 'missing?' Was it there when you moved in? Where did it go? Is it listed on the check-in inventory? Have you any correspondance to/from the LL regarding its removal/replacement?

This is exactly why the schemes exist. You are worrying too much.

dlk

Excuse me Bitterandtwisted but who rattled your cage!! No idea why you've decided to sit on your high horse of superiority but quite frankly if you've got the time to write about every minor issue that has no importance in your life (a third shower that we had never used) then you have my sympathies. As for the flooring I never asked for this to be replaced but Comet contacted me to get the landlords contact details but all correspondence was done between them as Comet wouldn't deal with me.

marliepanda

dlk wrote: »

Excuse me Bitterandtwisted but who rattled your cage!! No idea why you've decided to sit on your high horse of superiority but quite frankly if you've got the time to write about every minor issue that has no importance in your life (a third shower that we had never used) then you have my sympathies. As for the flooring I never asked for this to be replaced but Comet contacted me to get the landlords contact details but all correspondence was done between them as Comet wouldn't deal with me.

You are the one who is coming across 'rattled'

I can't see any reply which isn't helpful and informative. Considering you are asking people for free advice of 'every minor issue in YOUR life that has no importance to us' then I would be more courteous about your replies...