Last months Rent / Deposit??

[mack187]

Hello All

I have recently finished a 1 year tenancy at a house in Leeds, during the 12 months I kept up with my payments right until the last month when due to very very serious financial difficulties I was unable to pay my last months rent of £271.50, I contacted the landlord and informed him that I couldnt pay and was genuinely in financial difficulty, I have since asked him if he can accept my original deposit of £300 as my last months rent after any deductions have been made. This was very flatly refused and I was told their was no way that was possible. I realise some people withold last months rent until they get their deposit returned, but I have explained this is not the case with me and I just simply cant afford it, It is a case of either they return my deposit and I use this to pay the rent or they accept the deposit as the rent payment.

They have so far refused this and demanded a cheque for the rent, Is their any precedent for this situation or any way I can convince them and/or use the law, My understanding that a deposit is paid incase of damage by a tenent or an unability to pay rent!!

Any help appreciated

[Joa]

Vast majority of contracts state that you cannot use your deposit as last month's rent unles the l/lord agrees to it. If you have no other option, you must keep on negotiating and must understand that the l/lord can use legal means to pursue you for it. If you leave, you may not receive references until the rent is paid or, if deposit used for rent, l/lords reasonable costs repaid (if he can prove that there are any, i.e. damages, unpaid utilities etc. Please look at my letter in http://www.consumeractiongroup.co.uk...eductions.html )Of course that doesn't help you but at least you know the facts.
If you need more info, please call Shelter on free housing advice helpline
0808 800 4444

[blazing-badger]

Maybe I'm missing soemthing here... either the Landlord can use the deposit as the last month's rent or he can return it and you can then use it to repay him. Generally it would seem to be in the Landlord's interest to use the dposit as he actually has the money now.

If he does not return the deposit then invite him to sue him for the last month's rent so you can counterclaim for the return of the deposit. Also as I understand it, under the Administration of Justice Act the Landlord must show that he has done everything he can to resolve the matter without going to court or he won't get the court costs back - you could argue that being unreasonable about the deposit breached that statute

[zeddy]

Hi

I would just keep on at him myself that you think he is being a little bit silly about this. Offer to pay him back the rent over a period of time, something like #10 a week or something that you can afford and see if he agrees to that. Then say, or you could just keep the money from my deposit as full payment for the rent now. I agree with you that this seems a bit silly. I also thought that the deposit was there to cover if say a tennant ran off without giving notice and has not paid their rent. My Dad is a landlord of his Dad's old house and he regularly over the years has had bad tennants who simply don't pay their rent then do a runner. As he works full time he has never once persued it through the courts to reclaim the money owed to him.

Anyway, that's an aside, but what I'm trying to say is that this is unlikely to go to court and should be something that you should be able to sort out quite quickly I would have thought. All my ex-landlords have been stubborn gits - must be something that runs in the genes!!