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

scope

surely repainting walls is normal wear and tear the landlord should worry about once the tenant leaves?

Generali

I used to work for a proper LL many years ago (before BTL existed - he had 2mansion blocks in W2 on commercial mortgages) and he told me never to pay the last months rent.

Monkey1977

Generali wrote: »

I used to work for a proper LL many years ago (before BTL existed - he had 2mansion blocks in W2 on commercial mortgages) and he told me never to pay the last months rent.

You're not the first person who's said that - which is why I'm so suspicious.

They've lied before about basic maintenance issues - it took 5 months to get a new washing machine after the old one made weird noises. The landlady came round to fix something else, took one look at it and went out to buy a new one - she had no idea they hadn't sorted it apparently. I just don't trust them... could I not just drag my feet paying it.

Also, a quick question - we handed our 2 months notice in on the 10th April, but had a letter back saying that our tenancy will finish on June 17th. Our payments come out on the 18th of the month but there is nothing in our contract that states we need to give 2 months notice to co-incide with our payment dates and we've been on a rolling contract for 18 months now since they couldn't be bothered to keep sending us new ones.

Surely we are within our rights to move out on and pay up to the 10th, not the 17th?

olibearhorse

unless your tenancy states 2 months, if you are a periodic tenant (out of your fixed term) your notice should only be a month (if you pay monthly) and again, unless it states otherwise, you would be expected to give your notice on the date that your lease started.

If you have not got a sched of condition of any kind, it's their word against yours on the painting etc, I would expect after 2.5 year some scuffs and would simply ask them to touch up.

I wouldnt blame you for withholding the last months rent purely because of the hassle - it's just a shame that tenants feel so mistrustful of their landlords/LA's. Thankfully we have a good relationship with all of ours!

olibearhorse

Monkey1977 wrote: »

The landlady came round to fix something else, took one look at it and went out to buy a new one - she had no idea they hadn't sorted it apparently.

sounds like you have a good landlady, perhaps you should discuss directly with her if you have any concerns. It is, after all, her property!

Monkey1977

olibearhorse wrote: »

sounds like you have a good landlady, perhaps you should discuss directly with her if you have any concerns. It is, after all, her property!

She is nice, unfortunately the LA won't give us her contact details so we can'r talk to her without going through them. And its daft because I'd like her to be happy with the way we've left the house and that we could reassure her that we aren't trying to screw her over - just to prevent it happening to us!

Guy_Montag

Monkey1977 wrote: »

She is nice, unfortunately the LA won't give us her contact details so we can'r talk to her without going through them. And its daft because I'd like her to be happy with the way we've left the house and that we could reassure her that we aren't trying to screw her over - just to prevent it happening to us!

Her address should be on the tenancy agreement.

I would insist to you LA that they provide contact details for your landlord - will have a look, I'm sure they're legally obliged (said barrack room lawyer Montag).

Guy_Montag

Section 48 Landlord and Tenant Act 1987 - requires that the tenant must be given an address in England where notices can be served on the landlord – the address does not have to be that of the landlord. Rent is not lawfully due until this is complied with.
So I'd mention this to your agents.

Monkey1977

Guy_Montag wrote: »

Section 48 Landlord and Tenant Act 1987 - requires that the tenant must be given an address in England where notices can be served on the landlord – the address does not have to be that of the landlord. Rent is not lawfully due until this is complied with.
So I'd mention this to your agents.

They have said after I emailed them asking for her contact details:

"For administration purposes we are your landlord – when you check out we will contact all of the utility companies and if there isn’t a tenant to move in then they will go into our name.
Also, I am prevented from passing on this information due to the data protection legislation.
I’m sorry I can not be of more help with your enquiry, but in the future if you need to refer anyone to your landlord at 18 Highgrove Hill you need to refer them to us."

Guy_Montag

Monkey1977 wrote: »

They have said after I emailed them asking for her contact details:

"For administration purposes we are your landlord – when you check out we will contact all of the utility companies and if there isn’t a tenant to move in then they will go into our name.
Also, I am prevented from passing on this information due to the data protection legislation.
I’m sorry I can not be of more help with your enquiry, but in the future if you need to refer anyone to your landlord at 18 Highgrove Hill you need to refer them to us."

Some landlords prefer to deal through agents and remain anonymous as far as their tenants are concerned. However, under the provisions of the Landlord & Tenant Act 1985, tenants of dwellings in England & Wales, who make a written request to an agent, have a right to the landlord's name and address.