To hold rent in place of deposit

[SeriouslyPissedOffTeanant]

Just found out my money is not in a secure account. Have asked for it back but LL says no, will secure it now. No rent then this month. Am I being unreasonable ?

I wouldn’t self police anything, look at the rules of the deposit and take advice from there.

Do you have a tenancy agreeement? It's likely to forbid withholding rent in there for any reason. You could put yourself in a very vulnerable position. It's not your call to withhold rent.

You have no legal basis for withholding rent. However, if your landlord didn't protect your deposit within 28 days of the start of the tenancy, then (a) they'll be unable to evict you via s21 unless they return the deposit in full first, (b) you can sue, and will be awarded an amount at least equal to your deposit.

Do you mean he's not holding your rent in a deposit scheme? Depending on when you starred renting, it's a legal requirement and I think you could sue him and get x 3 back.

I wouldn't withhold rent.

Two wrongs dont make a right.

Don’t do it

YWBU to just do it

Don't do it! At the moment LL is in the wrong and you could sue. The minute you start a tit for tat battle (i.e. withholding rent) you instantly lose any advantage - LL will just sue you right back for breach of contract.

Are you willing to risk eviction just st to gain the moral high ground?
Withholding rent is not a good idea.

www.tenancydepositscheme.com/ask-tds-what-do-i-do-if-my-deposit-isnt-protected/

useful information on above link.

Don't withhold the rent as you will get yourself into trouble for doing that.

Wow, why did you tell him that you’re aware that the deposit isn’t secured? You essentially laid your cards on the table - ie played your best hand too early. He would have been further penalised in court for not securing it at all.

Why did you ask for your deposit back? Ie have you left the property and was it time for the deposit to be returned? Or just because he didn’t place it in a deposit protection scheme? You’re unjustified if withholding rent for this reason

If you moved out and he doesn’t return your deposit, the correct course of action episode be to dispute it via the protection scheme or take him to court if it wasn’t protected, withholding rent isn’t the answer

Yes, YABU. You can’t just withhold your rent.

you can get much more money by suing for non-protection.

read the how to rent guide which you probably weren't given. What else hasn't he done?

actually you can do what you like, section 8 is nearly impossible to prove and if the deposit isn't protected, no section 21 is valid.

Hasnt landlord just told you they are going to secure it when you queried?

It’s very unlikely that you have a legal basis for withholding rent

Do not under any circumstances withold rent against a deposit. I was a landlord and the deposit was always protected but one tenant did that.

It was quite straightforward that I would not give him a reference when he left.

If it is not held in an approved scheme then [in some ways] it's even better! See this!

Section 214(1) of the Housing Act 2004 sets out that where a landlord fails to comply with either two requirements of protecting the deposit in a scheme and providing the prescribed information, or complies after the 30 days, then the tenant can claim an amount of 1 to 3 times the amount of the deposit in compensation ...

Nice. Don't mention it - of course - until you are out of the place!

@SeriouslyPissedOffTeanant

No don't withhold rent. It won't help your situation if you wish to pursue a case over the deposit having not been secured.

Unless you are leaving the property you have no right to have your deposit back.

DonnaDarko There is no legal requirement to hold rent in a deposit scheme, or was that a typing error, only the deposit.

thanks everyone for the advice. I'm nearing end of notice. @waveysnail, yes, but with weeks to go I won't know if that has actually happened for several weeks.

Call and speak to Shelter, they’re brilliant at advising you in cases like these

Call ASAP!

Okay, so you want to withhold rent in case the LL doesn't return you deposit when you leave? That makes more sense.

It's still isn't a good idea though.

Your LL can't stick it in a deposit scheme just before your tenancy ends and think that's okay.

You'd be better to keep paying your rent. Then if you don't get your full deposit back when you leave pursue a case against the LL for the return of your full deposit. If it hasn't been in a deposit scheme you could possibly get back up to 3 times your deposit.

As pp suggested, speak to Shelter.

pigsDofly

Yes, it was obviously a typo