rent arrears.

[happy33]

hi, can any one give me some advice please.

we cannot afford to pay this months rent, can we ask the agents to use our deposit money to cover this.

[Bookworm]

No.

You can ask but you may be refused. Your tenancy agreement may contain terms about the deposit, how it is to be held and other purposes for which it may used. If the terms allow it to be used this way then the answer is yes....

[Bookworm]

I have never seen a tenancy agreement that says that, and doubt I ever will. A deposit is meant as a security against repairs, damages on tenant's leaving, and in some circumstances, so landlord doesn't lose out if tenant leaves without paying rent, so on exit.

OP can ask, of course, you can always ask, but I'd take a bet what the answer will be.

You may not have seen one that contains such terms and may even strongly believe that deposits have the sole purpose of security against damage...but it doesnt make it so, soley for the reason that you havent seen one.

Most agreements drafted by competant professional will contain specific terms about the deposit. It cant be assumed that a deposit is only ever paid as security against damage.

[happy33]

hi,

thanks for the info.
when we moved into the property we had to pay two months rent and damage bond.

does anyone else have some advice on what we can do, my partner has just lost his job, we have 2 young children, not sure what to do next.

many thanks

[blacksheep1979]

Originally Posted by S J

You may not have seen one that contains such terms and may even strongly believe that deposits have the sole purpose of security against damage...but it doesnt make it so, soley for the reason that you havent seen one.

Most agreements drafted by competant professional will contain specific terms about the deposit. It cant be assumed that a deposit is only ever paid as security against damage.

I have seen many tennancy agreements and have never seen a clause saying deposit can be used as rent. It would be foolish of a legal professional to even consider that, as it would put them at a disadvantage when a tennant used that agreement, then left having damaged the property or without paying some rent. It basically would negate any purpose of paying a deposit.

As to the OP and anything else you can do. If it is a short term one month thing speak to the bank about extending/getting an overdraft? Speak nicely to family? I really don't know your position well enough to comment apart from say DO PAY if you don't there could be problems with the lease, especially if you miss more than one payment.

Once again....these are your own personal views. Not sure how people arrive at the conclusion that if they havent seen something, it doesnt exist....unless of course you were a leading authority on the point....

[m3shl]

You need to check how the deposit is held - this is the key. Most professional tenancy agreements used will clearly state that the deposit may NOT be used as payment of rental.

However, who holds the deposit? Is the the landlord? Is it the Agent as "Stakeholder"

Best solution is to call the Agent and explain your circumstances. If its a short term measure I'm sure they will take instruction from their client (your landlord) on how best to help. They are not the enemy. Things become difficult when you ignore the problem and dont keep everyone informed.

Good luck

[happy33]

Thanks Everybody For Your Advice

I Will Contact The Agents And See What Happens.

Thanks Again.

[dollies01]

Hiya Happy

As you have children and your husband has lost his job, you should be entitled to housing benefit.
If my memory serves me right, you claim this from your local council, I do know that it isnt just for people in council housing.

Hope this helps.

[happy33]

Hi Dollies,
Thank You Very Much For That,

So If I Go To My Council Monday And Put A Claim In For Housing Benefit, The Agents Cannot Start Eviction Proceedings, As Our Rent Was Due On The 20th.

[dollies01]

I know that if it was my council they would contact the agency and explain on your behalf, you could ask them.

I don't think they would start proceedings, without contacting you first, and I doubt they would look to evict you just yet!

Try not to worry, I know there is no worse feeling finacially, than the thought of losing your home, but I'm sure the council will be able to help.

[happy33]

Thanks Again Dollies,
I Will Go To My Council Monday (fingers Crossed)

[blacksheep1979]

Originally Posted by S J

Once again....these are your own personal views. Not sure how people arrive at the conclusion that if they havent seen something, it doesnt exist....unless of course you were a leading authority on the point....

Yes as you say it doens't mean it doesn't exist because I haven't seen it. However as I pointed out it would be extremely foolish to do so as previously pointed out it would make taking a deposit pointless as the tennant could pay month ones rent and the deposit and then not pay month twos rent. When they move out if there is any damage, outstanding rent or utility bills the landlord will have a more difficult task ahead of him - therefore only a fool would agree to that.


Anyway to the OP good luck with the council.

Foolish in who's opinion....the point, that is being missed, is that an agreement may contain terms which dictate how the deposit is to be held and the purposes to which it may be put....

[dollies01]

If if's were buts there would be no need for maybe's


for goodness sake

In my opinion this is a ridiculous debate, that is actually going to get nobody anywhere!

The lady that started the thread, asked the question out of desperation, not to give anybody an excuse to start bickering. Can we stop hijacking her thread with this drivel ya think?!

Just MY opinion.

for goodness sake indeed....although its not ridiculous debate...it is one of importance which may also assist viewers of the post in similar situations. Without a healthy debate you are left only with ideas, opinions and sometimes myths...which is of no use to anyone...

[nathal]

Children!!!!!!!!

[happy33]

hi again,
received another letter from letting agents this morning saying if we do not pay rent within 7 days will issue us with notice to quit.
we have started a claim for housing benefit, i was under the impression once you have a claim for housing benefit going through they cannot start any proccedings any advice? many thanks.