Can I / Should I withold rent?

SparklyHats

To be clear - we decided to pay this final months rent and run the gauntlet with deposits

RAS

SparklyHats said:

As an aside, I trust you served proper notice.....?

Ish.  We were given the s21 with six months, although I suspect I could probably have picked it apart if we had a mind to.  The existing LL knows we're intending to be out asap - and that's fine by us.  We have a great new place lined up, keys tomorrow

Have you given the landlord the required notice, in writing to the address for the serving of notice that is in your tenancy agreement? Regardless of whether they know you want to be out ASAP , they can sue you unless the agreement to severe the tenancy early is in writing.

greatcrested

The S21 is (legally) irrelevant.

You wish to end the tenancy you need either

* to serve proper notice (not 'ish'!) or

* to reach an agreed end date(ideally in writing) with the LL

Failure to do one or the other could result in the LL making justified deductions from your deposit for rent arrears.

Since your concern is deposit deductions by the LL, why provide a perfect justification for them....?

saajan_12

SparklyHats said:

princeofpounds said:

Presumably your deposit is protected in an arbitration scheme? Then it will up to the landlord to evidence any deductions, which you will get an opportunity to challenge. What they threaten now isn't really very relevant. Just pay your rent and deal with the deposit as a separate issue, as you should. If you don't pay the rent, then you'll just get that taken off your deposit and you'll still have to deal with the other proposed deductions exactly the same. 

agreed, except the point of my logic is that they end up only holding half the cards they do now - keeping the numbers simple if rent is £1000, at the end of this month they 'hold' £1000 + £1500(dep), of which we argue over £1500.  If I don't pay then it's £1500(dep) less the £1000 as a rent deduction so my maximum loss is £500.

Yeah, no. Your max loss is whatever the LL sues for in small claims. They can go after you and/or your guarantor, and not paying after a court judgement could impact both your credit files. Plus, you could have court costs, which you don't if its decided through the deposit scheme. 

swingaloo2

SparklyHats said:

  Today should be rent day but I've yet to pay it, thinking that effectively it's the same money which ever end of the month, and if the LL IS going to be a pain then if they make to keep the deposit then we're only half a month down on the deal, which I can stomach.  The tenancy was originally with a guarantor, and they are up to speed with all of this and equally prepared to tell the LL to, er, go away.  Rent also isn't part of a credit scoring scheme so that can't backfire.   But are there any hidden risks to be aware of?

Perhaps the possibility that your tennant may do the same to you when they leave

SparklyHats said:

We're not bad tenants, in fact bizarrely we actually own our own property and are LL's ourselves
And yet you think its acceptable to withhold rent.  As a landlord you should know exactly what you need to do regarding the deposit/paying the rent/fair wear and tear etc.