Should I not pay rent if I worry my deposit is at risk?

becky3343

My partner and I are are moving abroad and we're wondering what we should do with our current rental in terms of the last few weeks of rent.

We have had ongoing issues with our landlord and we're worried that he will not return our deposit - not because we have done actual damage but because we aren't on good terms with him now and the house has deteriorated. There have been lots of problems (water, damp, electricity, mice etc) which he either took a long time to fix or didn't do anything about. He gave us an S21 notice which ended a couple of weeks ago so has now said that he is going to apply to the courts to evict us, though we haven't had any paperwork come through yet. We have a property rented abroad from December 1st, we are just waiting for our visas to come through which should take another 2-4 weeks. 

We have always paid rent on time etc, we're just worried that once we leave, he will keep our deposit and we won't be in the country to contest it. At least if we don't pay rent until we go, that will come out of our deposit rather than us paying him more. Does anyone know if the courts would speed things up and send bailiffs if we don't pay rent for the last few weeks? Or is there anything else we should be concerned about, like will this affect our credit rating or put a CCJ on our records etc?

emmajones1976

The court system is so backlogged there is absolutely zero chance that he could evict you in December if you failed to pay your final months rent on the 1st December (as an example)

However is the deposit not protected?

TheJP

Your deposit should be protected in a scheme.

If you don't pay your rent it could lead to other issues as you state in your post, best to pay then take the proper channels regarding your deposit.

becky3343

Thanks for the replies. Yes actually, the deposit is in a protection scheme - does that mean that it's harder for landlords to keep deposits? What I worry about is there is obvious signs of damage from the mice and from the damp and that he will become nit picky with everyday wear and tear seeing as we are no longer on good terms.

Another issue I'm not too sure about... originally our contract stated that we need to give 30 days notice. Now that he has given us notice and is approaching the courts, I assume we no longer have to give 30 days notice and can leave asap? Or does anyone know if it's better to give 30 days from now anyway?

TheJP

becky3343 said:

Thanks for the replies. Yes actually, the deposit is in a protection scheme - does that mean that it's harder for landlords to keep deposits? What I worry about is there is obvious signs of damage from the mice and from the damp and that he will become nit picky with everyday wear and tear seeing as we are no longer on good terms.

Another issue I'm not too sure about... originally our contract stated that we need to give 30 days notice. Now that he has given us notice and is approaching the courts, I assume we no longer have to give 30 days notice and can leave asap? Or does anyone know if it's better to give 30 days from now anyway?

The deposit is secured until both parties agree what will be ducted, the scheme will make judgement on a number of things if contested regarding wear and tear. Do you have evidence/communication regarding the mice and damp?

I would believe that the terms of your contract are still valid until you leave, i would still give 30 days notice.

FBaby

So your deposit is not at risk. He might make a claim on the damage and if you don't agree, it can go to arbitration and a final decision will be made. If that is more than your deposit (including owed arrears), he can take you to court and if ruled against you, you could indeed end up with a ccj.

becky3343

TheJP said:

The deposit is secured until both parties agree what will be ducted, the scheme will make judgement on a number of things if contested regarding wear and tear. Do you have evidence/communication regarding the mice and damp?

I would believe that the terms of your contract are still valid until you leave, i would still give 30 days notice.

Ok thanks, that's put my mind at ease. I have evidence of asking the estate agent about the mice when we first moved in but nothing written down since then. I spoke verbally to my landlord about them and he said it's unavoidable as the house is made from cob. I have receipts of buying mousetraps when we first moved in and for giant metal boxes where we keep our food to deter them. I have evidence of the damp issue.

We ideally will be leaving on December 1st so have already missed the 30 day notice, though we might be here until the 15th if there is a delay with our visa. If he has already given us notice to quit and has started the eviction process, do you know how we could be penalised for not giving 30 days notice? I would have thought, we would just need to leave as soon as possible if he is trying to evict us.

emmajones1976

If your rent is due on the 1st Dec for the whole of Dec, you can obviously leave the property any time in December you want, but you will have responsibility for utilities etc...until the end of the month, and in an ideal world you shouldnt hand keys back until the end of the month either.

becky3343

FBaby said:

So your deposit is not at risk. He might make a claim on the damage and if you don't agree, it can go to arbitration and a final decision will be made. If that is more than your deposit (including owed arrears), he can take you to court and if ruled against you, you could indeed end up with a ccj.

That's good to know thanks. I don't think he will have a case, with all of the evidence we have regarding ongoing issues with the house. I think it's best to pay the rent upfront if our deposit is protected  

saajan_12

becky3343 said:

Another issue I'm not too sure about... originally our contract stated that we need to give 30 days notice. Now that he has given us notice and is approaching the courts, I assume we no longer have to give 30 days notice and can leave asap? Or does anyone know if it's better to give 30 days from now anyway?

Where did you get that from? A Section 21 notice doesn't end a contract (as you know since you didn't leave) so the contract continues, including any terms about notice. So you absolutely have to give the requisite notice, or the LL could continue claiming rent, enter a CCJ etc. 

How much notice depends on the exact contract you're on.. "30 days" is possible but not usual. Under a Statutory Periodic Tenancy, it would be 1 month in line with your tenancy periods (so could be upto 2 months - 1 day in practice). Under a Contratual Periodic Tenancy, it would be whatever the contract says for after the fixed term. 

PRAISETHESUN

As above - a S21 doesn't end your tenancy, only the tenant (ie you) or the courts can do that. You absolutely need to give proper notice or else your TA will continue and you will be legally liable for any rent owed. Although it's harder to have any judgement enforced if you're not living in the country, action can still be taken in your absence which you would most likely lose. Ideally don't give the keys back until your tenancy has actually ended, as you are still legally responsible for the property until that point. You can of course negotiate an early surrender, but that would be at the sole discretion of your LL.

As for the deposit, sounds like it is protected so you should be fine in that respect - any deductions can be contested in arbitration with the deposit protection scheme your deposit is behind held by. Make sure to request it back in full ASAP once you leave as that starts the clock for your LL to file any disputes.