Holding Back Last Rent Cheque

[DJHSutherland]

Does anyone know if I am legally entitled to hold back my last rent cheque. Ive given my landlord notice in due course and told him I will be holding back the rent and he can use the deposit.

 

I will be leaving the place in a better condition than I recieved it too.

 

Im doing it like this becuase of past experience with people and 1 small claims case.

 

Thanks

[blacksheep1979]

You really shouldn't, but all that would happen is he would take you to the small claims court and if he already owed you the same for the deposit then it would be pointless.

[barracad]

Legally you can't and I would advise against it. It will put you in breach of contract.

 

Obviously if you withold the rent then it would be difficult for the landlord to do much about it if you are leaving within the month anyway.

 

Having said that, it will cause a lot of friction between you and the landlord and he will probably be suspicious and think the only reason you are holding it back is because there is likely to be a problem when you leave and you are expecting him to make some sort of deduction.

 

And if you do it this time I don't know what you will do in the future when the new deposit scheme comes into force on April 6th as deposits will be held by a third party as opposed to a landlord anyway.

[DJHSutherland]

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And if you do it this time I don't know what you will do in the future when the new deposit scheme comes into force on April 6th as deposits will be held by a third party as opposed to a landlord anyway.

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I have in fact done more work to the flat and it is in better condition now and do not intend to rip him off.

 

I will speak to him and let him know he is welcome to come check the place over at any time.

 

If anyone has any other viewpoint or if they've done this Id appreciate it.

[Guest NATTIE]

I would contact the CAB for advice and they can state what the pitfalls of doing so are.

[barracad]

I have in fact done more work to the flat and it is in better condition now and do not intend to rip him off.

 

I wasn't suggesting you would do so, just pointing out how the landlord may take your refusing to pay the rent.

[DJHSutherland]

No Probs.

 

I seem to have a fairly good relationship with my landlord and have just let him know this again.

 

At the end of the day he should have 350, my deposit to cover the rent secured somewhere (in an ideal world) so he should not and I doubt he is out of pocket.

 

I have been ripped of in the past and do it this way now unless I can be 100% but you never can be.

 

I did actually think I was entitled to do this but at the end of the day there isn't much he can do about it.

 

Or is there?