Asking LL to keep the deposit as last month rent?

glasgowdan

Ok, I know some might get riled by this, but would there be any other pitfalls to a tenant asking the LL to keep the deposit instead of paying the final month's rent? The advantage to the tenant would be no delay in getting the deposit payment back from TPS. The tenant will not physically be inhabiting the house in the last month anyway, but will revisit the day before the end of tenancy to get meter readings, return keys and ensure any final tidying up is done.

Assumptions:
The house is being kept immaculately and there are not likely to be any deductions, but if the LL feels there are then the tenants will be reasonable and settle them.
Tenant will settle all utilities

The tenancy agreement wording on deposits is as such: At the date of entry or before, a deposit of £xxx will be paid by the tenant to the landlord or his agents. The landlord or his agents will issue a receipt for the deposit to the tenant. No interest shall be paid by the landlord to the tenant for the dposit. .1. The deposit will be paid into a tenancy deposit scheme within the timescales laid out in the... .2. The scheme is administered... .3. The LL will be entitled to at the expiry or end of the lease to use the deposit to meet any outstanding sums or accounts due by the tenant, the cost of replacing or repairing any of the fixtures or fittings which have been broken, damaged or lost and the expense of making good any failure by the tenant to fulfil any of the other conditions of the lease.

Now, there has been no receipt issued for the deposit, but there is no reason to suspect it hasn't been lodged with the correct deposit scheme.

Would there be any other repercussions for the tenant in doing this? Tenant does not require an ongoing reference.

marksoton

If i were the LL, no chance.

glasgowdan

I agree, but what could actually be done about it as the LL?

Pixie5740

Pursue the tenant through court for any money owed over and above the value of the deposit no matter how immaculate the tenant thinks he's left it?

The LL would be relying on the tenant agreeing to awarding the whole deposit to the landlord.

theartfullodger

Reference?

Landlord could inform council Housing dept that tenant didn't pay rent & thus might not be rehoused ...

Pursuit through courts & getting a CCJ - you think some landlords won't find some damage & decide to "teach tenant a lesson"?

KingS6

No. Don't risk agro for yourself or the LL. Await the inspection of the property.

Cover yourself by taking photographs of the "immaculate" property ideally before it becomes "uninhabited" and then again before just handing over the keys.

Don't assume anything either, make sure your deposit has been registered.

G_M

This is why the deposit schemes were set up.

So that tenants don't go into arrears with the consequences of that.

A for "The tenant will not physically be inhabiting the house in the last month anyway," how is that relevant?

steampowered

Failure to pay the last month's rent would be a breach of your tenancy agreement, and would entitle the landlord to sue you if he wished (even if that money is covered by a deposit).

Miss_Samantha

glasgowdan wrote: »

I agree, but what could actually be done about it as the LL?

Nothing.

The fact is, if the tenant does not pay the last month rent then the easiest route for the landlord is to claim from the deposit.

Of course, the landlord will then be able to state that the tenant did not pay the rent in reply to any reference request.

dekaspace

I used to do this simply as almost all my landlords were up to something, I got fed up of scrubbing a property down including shampooing carpets and even replacing faulty appliances of the landlord for them to refuse to give deposit claiming damage, the one time I didn't do this landlord not only kept my deposit but wanted 3x it for "damages" and I was told by shelter not to argue because the actual damage to property which was down to LL's own shoddy workmanship can easily be twisted to me damaging it.

Sorry a tiny off topic maybe just saying I see the reasoning behind it.

WombleBat

glasgowdan wrote: »

Now, there has been no receipt issued for the deposit, but there is no reason to suspect it hasn't been lodged with the correct deposit scheme. .

Not sure if you're in Scotland or not but Deposit must be protected and you must be notified of which scheme is used. I would assume that your deposit has not been protected.

First step, figure out if your deposit has been protected.