honeymommy

Hello all.

Just a quick question.

At the end of a tennancy if a person doesn't pay the last months rent and leaves the deposit to cover the last months rent. What will happen? The property will be left in a good state of repair, clean and redecorated. so no damage or cleaning costs.

Just asking because I just found out our landlord holds the deposit, not the agent. The letting agency was taken over in the last 6 months ans we didn't notice they no longer hold the deposit, they give it to the landlord.

Our landlord has not repaired anything we have highlighted over the last 2 1/2 years. We ended up fixing it.

We do not require a reference as we have just bought a house. There was no inventory done at the beginning of the tennancy.

My understanding is that we may get a bit of grief from the landlord, but that basically as long as the house is in good repair, clean and tidy it will all be OK.

Anyone have experience of this? This is for a UK house by the way.

Thanks for your pearls of wisdom.

Miss Naughty

Hi,
If it was me i would pack my things up and drop the keys and just go.
There is not a lot they can do if the property is left in good order, if it is not they might just try and find you and send a bill.
Best thing is to take photos of every room just in case they do try and stitch you up.

HiddenPaw

Did you complete a property condition report when you moved in? I doubt it - it doesn't seem to tbe the norm in the UK. If not, any "damage" would be agency's word against yours. If it were me, I would not pay the final month's rent, as with agency/him holding the deposit, they hold the upper hand (and by the sound of things, it could take a while to get your deposit back).

Your contract should be with the letting agency - that's what the landlord pays them for! That's what you signed. I would deal only with the agency. And I wouldn't pay the final month's rent on the grounds that you are under contract with the agency and since they no longer have your deposit.......

Englishmum

It's very common indeed for tenants to do this - in fact it seems to be pretty much the norm.

I've just had to sign a lease for my student daughter on a house share on a grotty house in Neasden, NW London and pay her portion of the rent by standing order. I know for sure that the agency or landlord will try to hold back the deposit and it will have to be split three ways.

I'm just not going to pay the final month's rent...the agent was unable to tell me what constituted 'fair wear and tear' so they could make anything up about the condition of the property when vacated.

honeymommy

Thanks everyone.

The was no condition report on moving in. Origionally the deposit was held by the agent, but they were taken over and we didn't notice the change when we renewed the last lease for 6 months.

The landlord only paid the agent to set up the lease. Management of the property was retained by the landlord. He didn't fix anything. Spent 6 months with no hot water in the downstairs loo till we fixed it ourselves. Fixed the washing machine also. The house looked OK when we moved in. It wasn't till we were in we realised that most of the house had been bodged, or were old and had been cleaned up to look better. I didn't think we would have to check the window catches were'nt falling off!!! Many times I have popped downstairs from the bedroom to pick up the handle from outside! The bathroom shower, well actually all the plumbing is naff. Hardly any water comes out, and the upstairs en suite loo takes over 20 minutes to refill after flushing.
The gas and electricity checks were never done on time. The electric one actually ran out in about july. The dishwasher gave up the ghost even though we didn't use it much. When we moved in the dishwasher was allready broken as the top shelf kept falling off and all the cutlery fell through holes in the basket. We bought a new basket.
The garage door never locked, basically because it was broken allready and they didn't have a key. They had just chucked some gravel on the side of the drive so all the weeds have grown through even though we treated it regularly.
Son's bedroom has built in nasty wardrobe with storage above bed. He moved his bed as the bottom of the storage box kept falling on his head (MDF about 1 1/2 ft x 6") Oh and the handles were hanging off as they were in the larger kids room.
The radiators are from the arc with knobs on one side just placed there and not fixed. The landlord had thermostats fitted to each of them but didn't get the guy to fix the other knobs on

The kitchen looked nice then we noticed the cupboards under the sink had obviously got wet at some point in the past, and the doors were hanging off. We were not paying for the whole base unit to be replaced so fixed as best we could.
The handles kept breaking off and we replaced loads at almost £10 a pair! poor quality screws kept snapping.

I could go on and on and on.

LOL... You won't believe it. I called the agent a few hours ago to say we were moving. Just had a call from the landlord and they came round a few mins later. All they wanted to know was when an agent could come to measure up... Weird... Could have just asked me over the phone.

Anyway.. I am thinking about this deposit. It just feels uncomfortable from our point of view. I wouldn't do this if I felt I trusted they would be fair. I am scared though they may get a bit abusive if we do withold.

Never had this problem in the USA.

tiredwithtwins

hi honeymommy!!
was only asking if you ever came on the site a couple of months ago!
If I were you id get in touch with a solicitor who gives free legal advice (you can find one through the local library), or go to the citizens advice bureau and ask them what would be the best course of action.
I think they could be a bit funny with you if you didnt pay your last months rent ... they may see it as breaking the terms and conditions of your lease and maybe penalise you further. With regards to the repairs you have done, it may be worth finding out if you can claim any compensation - so id pay that last months rent and get a bit of legal advice before you move out.
good luck - are you still nursing?
sue x

woodyinoz

it may be worth you taking a video camera around as proof of the condition of the house. It will also give you a video diary of the work you have done.

Good luck

chance to be

hi hm
unless i misunderstand you, the agent does hold the deposit but then he gives it back when you leave to the landlord (assuming none has been taken off it for repairs etc). then, the landlord has to give it to you.
If there was not report on the state of the house when you move in, there can be no proof you have caused any damage and so they must give you all the deposit money back.
So, it is worth telling the landlord you wont pay the last month of rent as the unused deposit will pay for it.
c

honeymommy

Thanks for all your replies.

All sorted.

Basically the landlord has all of the deposit which is equal to one months rent. It was allways kept by the agent until they were taken over buy another company, so on renewing the lease the agent gave the deposit to the landlord meaning the agent has nothing to do with the return of the deposit. It's between us and the landlord.

There was no inventory/condition report when we started renting, and it doesn't matter if there was. The house will be left in the same condition less ware and tare.

The problem was that repairs were not made by the landlord over our rental time. They even said it was our fault the electrics went out if we put on the microwave and the kettle.

We will withold the last months rent. They can have the deposit to cover the last months rent. We will be moved out before the end of the tennancy and that will give them a lovely empty house for their viewings as they are selling the house, and we will have paid the rent/their mortgage for that month anyway.

I think that is a very fair deal. If they take us to court I would be very surprised if a judge found in thier favour. I would call that an injustice, and the landlord moneygrabbing.

Anyway we will see.

dingbat

I was taken to small claims by a Brighton landlord for doing just that years ago. I had receipts for the £hundreds of repairs that I had made (for my own safety) but I still got dinged. It is breach of contract. I was ordered to pay the last months rent, his legal costs and an "administration fee" from the landlord's agent. The repairs were deducted from the rent, interest added on the amount in default (leaving £7.90 to pay back to him) and a payment plan book drawn up. I paid the rent of £7.90 and refused to pay the rest, moved and heard nothing more. Never got the deposit back, of course.

Cape Blue

Be careful you don't end up with any court judgements against you for the breach of contract you are about to perform. They can come back and bite at a later stage when you try to increase your mortgage or change your credit card.

honeymommy

LOL

Isn't it funny on this site... I ask a question and get a few replies that are helpful and I thank people for their experience.

It's not until I say.... OK this is what we are going to do that I get the negative stuff in... lol
Thanks for all of it though, any experience helps when it pertains to the here and now in the UK...

I have looked into this. I have consulted a lawyer, called a government housing advice center and done some searches online.

County court judgements will not be filed against someone for this. They are filed against people that don't pay what is owed.

We are not dumping and running, we are decorating throughout. There is no reason to expect further costs that will need deducting. Therefore nothing will be owed.

Should the landlord decide to take us to court for some reason, we will attend and show how we left the property in a good state of repair as we recieved it.

Should they decide in the landlords favour then we will have to pay whats owed. I would be very supprised after we decorated the whole house before leaving for them to find in the landlords favour. At least it will be dealt with buy a third party and not by a moneygrabbing landlord that just wants as much money as he can get out of us.

Anyway.... thanks for all your help again.