Do I withold my last month's rent? Advice please!

Monkey1977

Hello,

I know I have another thread on a similar subject but having got 1/2 way through eager learner's thread I came across the subject of witholding our last month's rent in leiu of a deposit (which if you've read my other thread you'll know I am doubtful I will get back, despite the property being perfectly clean and tidy).

We are buying a house so don't need references from the landlady or agent. I am concerned that they may take us to court. Our contract also states that they can take possession of the house and charge 15% interest if we are over 10 days late in paying.

I wouldn't have considered it before but every penny counts when you're buying a new place and I'm convinced they are trying all they can to keep our deposit.

Can anyone help me with the pro's and con's of this and whether I should withold the rent or not? I really don't fancy the long drawn out ordeal that eager learner has had!!

Generali

I would. I've had too many deposits kept not to want to. Mrs Generali always wants to pay up the last month and then sue but there you go. She always wins on this.

thesaint

The term about taking possession and the application of interest is garbage.

Honour your contract and go through the courts if necessary, that's what the courts are for.

fimonkey

Hi,

From my own experience, it's easier to do this if you are renting from an individual landlord as opposed to from an agency. I successfully did this by writing to the landlord stating I needed the last months rent for the new deposit on my next place (true) and that I would withhold my last months rent but he could use my deposit in lieu. I also stated that I was willing to pay seperately for any damages, as long as he put them in writing and enclosed a copy of the estimation to correct them.

There were no damages to the house, but I knew from a previous tenant the landlord kept the deposit for 'cleaning' and a fictitious broken shower, and I didn't want to get caught in the same trap, plus really did need that last months rent for new deposit! The landlord relpied that he was not happy and would take me to court for the last months rent, Again I replied and said use my deposit and I'm more than happy to pay for any damages etc.... ( I took advice on this, and the view was that yes what I was doing was illegal, but if he took me to court for non-payment of rent, I could prove that I'd tried to pay him this AND also offered to cover cost of any damage etc, i.e. I wasn't trying to swizzle the landlord out of any money and was willing to pay my share, albeit in a roundabout way). In the event that was the last I heard from the landlord.

Things are more complicated with a LA, as they tend to just charge you whatever they like anyhow, employ staff whom know nothing about tenancy law and don't care about the landlord or tenants, and are only out to make money regardless. If it is through an agency, beware their charges etc (you mentioned late charges for rent, from experience they love charges like this, makes them more money)!

Good luck!

Horasio

They will take it from your deposit won't they?

Monkey1977

CCStar wrote: »

They will take it from your deposit won't they?

Yes - thats the point. So that they use my deposit for that and not to try to screw me out of money for made-up problems.

Thanks for the answers guys. If we were direct with our LL I'd withold it but we are via an agent (who is useless)

liz545

In this case, as you're concerned about the LL withholding the deposit, I'd advise you to clean the house as well as you can, and take photos or use a camcorder to record the state of the house on the day you move out. Also contact your utility providers and tell them you're moving, get meter readings and arrange for final bills to be sent on the day you leave. Insist that you attend the check-out inventory with the LL or agent, and ask them at that point when they will return the deposit to you. They may try to pull a fast one, but there are things you can do at this stage to make things easier if they do...

scope

I once did this because one of the guys I rented with were behind on his payment (individual contracts, but didnt take the chance).. I withheld the last payment and asked them to use the deposit to cover the last payment.. Just make sure you leave the place in a nice state, and remember to take photos in case they try a fast one.

Monkey1977

Hi - thanks for the replies... just wanted to make clear.. I am leaving the house in a good state. It has been in a good state during the entire tenancy (2.5 yrs) and every single inspection has said as much. However, since we handed in our notice, they have decided they want us to professionally clean everything, repaint the hallway etc etc etc,... and this is before we even move out and they find more things as excuses to keep the deposit.

basically, I've been an exemplary tenant, am very houseproud and the land-lady has commented on how happy she is that we've kept her prize garden so well.

I am just convinced that the agents are looking for any excuse to keep our deposit and I am determined for that to not happen!

olibearhorse

You are not strictly allowed to withhold rent and rely on the deposit as the deposit is for delapidations. I agree with thesaint on this one.

We ask our tenants to professionally steam clean carpets, touch up where necessary etc (although we do state this very clearly at the begining of the tenancy so there is never any dispute).

I guess it's up to you Monkey1977 but from experience, the courts nearly always side with the tenant. You should be allowed 'fair wear and tear' after 2.5 years, do you have a Schedule of Condition?

Monkey1977

Hi olibearhorse. I've never even heard of a schedule of condition!

Our contract doesn't mention professional cleaning, or re-painting and the hallway - which is where they want us to repaint - only has small scuffs on it where bags etc brush against on the way in and out. I think this is reasonable wear after 2.5 years.

While I know we are 'not allowed' to withold rent in lieu of deposit, I also know that the LA is 'not allowed' to withold the deposit for unreasonable conditions. I have an inkling that if I don't do one, they'll do the other and I'm then in the unenviable position of having to chase them for my money.

PS - our contract states that our deposit is for rent arrears and repair of breakages. We will leave no breakages.