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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To withhold last month's rent?

59 replies

CptJack · 28/02/2015 10:22

Name changed as this might out me.

I was living in a 6 month rented house through a letting agency. A couple of months ago I had to move out for personal reasons, but I've continued to pay the rent, have the heating on etc.

When I moved in the oil tank was completely empty and I have ensured that there is enough oil to last until the end of the tenancy at the end of march.

The landlord isn't happy with this, he wants me to pay for a full delivery of oil. (Ie landing him with a full tank of oil when he reclaims his house) The letting agent has emailed me merrily suggesting they will simply deduct the cost from my deposit. (Phrased as if they were doing me a favour )

I have now cleaned the place to a higher standard than was let out in the first place and returned the key.

The final months rent is due tomorrow. Would I be unreasonable to tell the letting agent/landlord to take the rent out of my deposit as I can't trust them to cook up ways to spend my deposit elsewhere?

OP posts:
MrsTawdry · 28/02/2015 10:23

Sounds weird! Is there something in the contract about the oil? Ie saying it must be full when you vacate?

Methe · 28/02/2015 10:24

How much oil was in the tank when you moved in?

Methe · 28/02/2015 10:24

Oh sorry I see you covered that in the op

SaucyJack · 28/02/2015 10:25

This, people, is why we hate private landlords.

YANBU. But check the ts & cs of your contract first just in case you've signed to say you'll leave the oil tank full.

FantasticMax · 28/02/2015 10:27

How odd. When we moved into our rented house, we paid for the oil that was already in the tank, but were told that when we moved out the owner would 'buy' back whatever oil was left in the tank. Was this not discussed at all when you started your tenancy?

In your shoes I would not be filling up the tank.

Iamrandom · 28/02/2015 10:27

No you need to pay the rent and dispute any deduction from deposit with the DPS. Check your tenancy agreement and thy deposit is lodged with DPS.

Original poster
CptJack · 28/02/2015 10:30

The oil tank isn't mentioned in the contract. It's the attempt to pass off rip-off merchant behaviour as doing me a favour that massively pisses me off

OP posts:
sooperdooper · 28/02/2015 10:30

Is your deposit logged with an third party?

Is there anything in your contract about the oil? If it was empty when you moved in is that documented anywhere? I'd tell them to forget it!!

BarbarianMum · 28/02/2015 10:30

Rather than withhold your rent id challenge this in writing. Do you have the first oil receipt? What does your contract say.

They can't just randomly deduct money from you (I'm a landlady and it's just not legal)

sooperdooper · 28/02/2015 10:31

Cross posts, tell them to forget it!

SweetValentine · 28/02/2015 10:32

Check your deposit is being held with a third party, if it is pay your rent and fight for your deposit.

Tell the letting agents you don't understand the need for a full tank as you rented it just fine when it was bone dry.

Did you take pictures after you cleaned?

Coconutty · 28/02/2015 10:32

This reply has been deleted

Message withdrawn at poster's request.

miniavenger · 28/02/2015 10:34

Challenge it in an email, refuse to on the grounds it's not your responsibility or a tenants as shown by the tank being empty when you moved in. Ask them to point out where on the inventory it states a full tank was left for you then if they keep trying say you want to go to Arbitration. The EA will eventually stop pestering but be firm, refuse when they start lowering the price and keep repeating- Take this to Arbitration.

If it's not in your contract and inventory and was empty when your arrived then the Estate agents won't want to waste money going to arbitration which will cost them and lead to nothing.

Do everything by email, nothing verbal.

Original poster
CptJack · 28/02/2015 10:35

I know that I can challenge any random deductions through the DPS, but I can't afford ongoing delays in getting that money back.

Had I thought the landlord and his agent were entirely scrupulous I wouldn't be querying this, just paying the rent as normal.

OP posts:
mousmous · 28/02/2015 10:40

I would send and email (and recorded letter) now. outlining that the tank was near empty when you took the property on and will not fill it up full when you hand over the property. also you expect that the deposit is returned in full and swiftly.

miniavenger · 28/02/2015 10:49

Did you not pay last months rent when you first moved in? Usually you pay it in advance.

Don't stop paying rent, challenge everything now in writing. There may be a delay but there's nothing you can do about it. They do have to release the deposit or take the money within a certain time though but not sure what. Maybe ask in legal?

Arbitration is the word to use and remain firm on while stating your case. Don't be drawn into arguing, just state the truth and say you want arbitration.

TheAnswerIsYes · 28/02/2015 10:57

I wouldn't pay the last month. Can't see the point in paying and then arguing to get your deposit back.

miniavenger · 28/02/2015 11:01

TheAnswerIsYes because it's illegal and if the OP rents again then the reference checks will flag it up which may stop LL renting to her.

Artistic · 28/02/2015 11:06

Don't withhold the rent. This can have all sorts of negative implications in the long run (e.g. If you need a reference from the rental agency for future renting). Keep your side of the story clean by making payments on time.

The deposit must be released in 30 days. If it isn't you can go to the deposit holding scheme & claim it.

As others have said, your LL cannot charge you for the rent. It's not legal & he won't be able to hold this argument with the deposit scheme. However he might try to trick you out of other monies instead - by saying the house has a lot of wear & tear etc. So make sure you don't give any reason for complaint. Put everything to the last nail in complete order!

CalicoBlue · 28/02/2015 11:08

I agree with others that say you should pay your rent due. By not paying the rent you are putting yourself in breach of contract and in the wrong.

When you moved in was there an itinerary done? This should say what the state of the flat was and how much oil was in the tank. You are only obliged, unless your contract says otherwise, to leave the flat in the same condition you found it.

Keep all the emails. They should inform you in writing within a week of your tenancy ending if they are keeping any of your deposit and why. You can dispute this. It should all go through the DPS.

I had to go through something similar when I moved out of a rented house a few years ago. The landlords took two weeks to tell me they were not returning all my deposit because of damage, they had a long list, which they had made up. I was able to show all the email communication, and the moving in itinerary that stuff they complained about was broken or dirty when I moved in. The DPS were very quick and found in my favour and let the landlords keep £30 out of the £500 they wanted to keep.

It is upsetting to go through, good luck.

Artistic · 28/02/2015 11:11

Oops! LL cannot charge you for the oil! (Not rent)

wowfudge · 28/02/2015 11:15

mini you do not pay the last month's rent before you move in. It is a security deposit to protect the LL should the tenant cause damage to the property which needs to be rectified. If there is no damage, the tenant gets this money back.

I agree with pp that you must put things in writing - I would actually send a letter to the EA by special delivery so you can prove it was received. Barbarian makes a great suggestion - provide a copy of the receipt for the initial fill of the oil tank to prove it was empty when you moved in. If you don't have a receipt ask the oil company to confirm details of the delivery from their records - an email from them will be sufficient if they can't provide a copy invoice or receipt.

In response to SaucyJack that kind of ridiculous inflammatory statement is not on. A minority of private landlords are shysters just like a minority of tenants wreck the houses they rent and deserve to lose their deposits.

Hissy · 28/02/2015 11:20

What does the inventory say?

Your agent did do an inventory right?

The standard you took on when you moved in is the one you have to hit on leaving.

If a property was professionally cleaned (with receipts) then you are expected to return the property with the same.

Likewise oil. Photos of the level should be taken at check in for comparison at check out.

If you have receipts for your fuel delivery and know that you bought the tanks capacity, then you can prove that It was left empty. I'd in fact look at charging him for the amount he has gained and get him to buy the oil from you. Failing that I'd odfer to sell it to your neighbours rather than have him benefit from it, given his shoddy behaviour so far.

If you have the proof of condition and level of oil, and your deposit is secured, let him do what he likes, and when you challenge his claims know that he'll get sweet fa from YOUR deposit.

Speak to the cab, maybe Shelter too can be of help here.

Hissy · 28/02/2015 11:24

The deposit left belongs to the tenant.

If a landlord wants to claim any of it, he/she has to PROVE they have a right to claim it. If they can't, they don't get to claw any of it.

I know letting agents are slimy buggers, always looking to get money for the ll from the tt deposit, as its a bonus, but it's shit and tbh letting agencies could do with a shit load more regulations and a lot less say in deposit negotiations.

miniavenger · 28/02/2015 11:32

wowfudge I beg to differ in the case of the last three properties I rented which is why I asked the OP- all mine were EA/LL rentings too. We paid the deposit (help in trust) plus the first month and last month upfront. Perhaps it's the way things are done in my region/county but that's what we did and so never had to pay anything in the last month.