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How unreasonable is it to not pay the last month's rent if you paid a deposit equal to the rent?

(122 Posts)
Rentergirl Thu 06-Dec-12 18:18:30

I used to be naive enough to think that the agent was a go-between. No not at all! There have been a few issues with things that broke, fell off, fell down, were bottom of the range etc.... I quickly got the message that the agent gets their commission from the client, and the client is the one who counts. So I felt bullied at times. eg, 'warned' by the agent that there wasn't much else out there that I could afford and that I shouldn't complain so much.

I have never been more than a day late with the rent. But when I go I won't pay the last month's rent. I will advise them by email that my deposit can be the last month's rent. I will leave the place clean and tidy because I'm not an arsehole.

I don't need a reference. I will put my hard hat on now and prepare to be blasted. Or not. ???

FeistyLass Thu 06-Dec-12 18:21:20

YABU, you entered into a contract and you should honour it.

piglettsmummy Thu 06-Dec-12 18:23:13

Yes yabu! A deposit is like a protection for the landlord if anything is broken or worn they use It to replace those things. You say there Hve been a few isssues so why does he landlord have to go these out. Their pocket if they happened while you were in the house. You are in essence breaking your contract with your landlord and it will go on our credit score as an unpaid debt! Think carefully before you decide to make this decision because it's not right and in court ( if your landlord took you to one over the outstanding amount, you would loose.

CajaDeLaMemoria Thu 06-Dec-12 18:23:28

I'm fairly sure that this isn't legal.

If your deposit is in a deposit protection scheme, as it should be, than it won't be released until the last checks have been done. Any damage has to be declared to the scheme, and to you, and the funds are released only when disputes are settled. I'm not sure the agent will be able to use the deposit for the last month's rent, because they don't actually hold it. It's held by the third party.

If it isn't in a deposit scheme, you could get something crazy like 4 times your deposit from the landlord, as they have broken the law.

Why won't you pay the last month?

Regardless, if you are prepared for the fact that they may chase you and take you to court or send debt collectors, and are 100% confident you will never need a reference, I suppose you don't have much to lose.

Rentergirl Thu 06-Dec-12 18:24:14

I would if I could trust them to honour the agreement we entered in to!

CajaDeLaMemoria Thu 06-Dec-12 18:25:43

Do you mean you think they will deduct money from your deposit?

AngelOne Thu 06-Dec-12 18:25:57

I did this in the last 2 places I rented. I was just sick of being ripped off by dodgy landlords.

Rentergirl Thu 06-Dec-12 18:26:51

Is it ilegal? So, what happens if I say I deserve all my deposit back and they say there is wear and tear hmm sorry, we're keeping it. Then I have to go to court .........

Far simpler to just leave the place spic and span and if they come after me they are the wankers I always knew they were.

Mamateur Thu 06-Dec-12 18:27:29

I really have a very low opinion of lettings agents although I'm sure there are some good ones that I just haven't encountered yet. Your story sounds depressingly familiar.

I always allowed my tenants to do this, subject to checking the place over for damage, etc.

I would do exactly as you plan.

Rentergirl Thu 06-Dec-12 18:29:06

AngelOne, that's what I'm afraid of. Not only is this couple deluded about the standard of their shabby freezing property but they have been so unreasonable and so intransigent for two years that I have no hope that they would behave with any kind of honour now I'm leaving. And the agent, ha! he has already told me straight, shugging his spineless shoulders as he said it that the landlord is the client and that the commission comes from the client. Would that speech inspire faith !?

Did they accept it?

Mamateur Thu 06-Dec-12 18:29:37

issues with things that broke, fell off, fell down, were bottom of the range etc.

Surely these are maintenance issues for the landlord to sort out, not the tenant to pay for (for the LL and future tenants to inherit!)

PessaryPam Thu 06-Dec-12 18:30:30

Renter, just do it!

MarzipanAnimal Thu 06-Dec-12 18:30:36

It may seem reasonable but it is illegal. Isn't your deposit in a protection scheme? If not then you may have more grounds for keeping the rent as the agent has then broken the law

piglettsmummy Thu 06-Dec-12 18:31:25

Yor allowed for wear and tear but anything else, I.e replacement of carpets and other items and redecorating x

Rentergirl Thu 06-Dec-12 18:32:35

it needed redecorating before I moved in!!

Rentergirl Thu 06-Dec-12 18:35:40

I will advise them that this is what I propose to do. I will mention to the agent that when he advised me so bluntly that the commission comes from the client that I don't believe he will be acting at all in my best interests. He has basically already told me that he only acts in the interests of the landlords. I will phrase it in a less inflammatory way though. I'll work on that.

Can they really complain?? 26 months living in this kip and the rent paid every single month. Due 1st and the latest I ever paid was the 2nd!

Convict224 Thu 06-Dec-12 18:36:41

My son and his mate rented a flat for about 2 years. During this time their shower was unusable and my sons bedroom was so damp he had to dump clothes and bedding destroyed by mould. Despite constant promises his landlord did nothing and he eventually had to move to a damp free property.
He never paid his last months rent but cleaned and painted the flat prior to leaving. He took lots of photos proving the condition of the property. He had moved into their new place with a week still left and the landlord had the repairs done. Bastards .

Brycie Thu 06-Dec-12 18:39:33

Extremely unreasonable, selfish and unfair. All deposits are now held in a scheme which means they can't be held unreasonably. Any dispute is resolved neutrally. What you are suggesting is horrible.

Rentergirl Thu 06-Dec-12 18:41:36

horrible?? confused oh come off it.

Rentergirl Thu 06-Dec-12 18:42:12

and how much does it cost to resolve it neutrally i wonder?? if they won't give it back, is it me that has to pay to resolve it 'neutrally'?

I have never gotten a deposit back, and I always leave the houses clean, tidy, freshly painted etc. I don't even see it as a deposit anymore, just the costs of moving.

Rentergirl Thu 06-Dec-12 18:44:29

Similar story here convict. They make me feel like i'm insane whenever I tell them the shower is cold the front door is badly fitted and creating a draft that increases the heating costs. I wish I'd taken photos two years ago.

nocake Thu 06-Dec-12 18:45:16

If you don't pay the last months rent the landlord can take you to court to get the money. It will be very easy for him to go through the small claims court and he will win.

The deposit cannot be used to cover missed rent. The deposit protection scheme will not allow it so court will be the landlord's only option to get the money back.

Rentergirl Thu 06-Dec-12 18:45:47

dinosaur, did you not fight it? or did they say that it was their decision and you'd need to go to court to have it 'resolved neutrally'?

Rentergirl Thu 06-Dec-12 18:46:30

did they even give you a reason for not giving the deposit back?

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