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moonriver

Should We Withhold Last Months Rent?

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Renting here for 18 months. Found a nicer house to move to, to rent.

LL's put our damage deposit into their own bank account.

Should I withold the last months rent? Don't like to do this, but worried that we will have trouble getting back any of our depoist after we leave. , as it is not in a scheme.

LL's not very professional, have not had gas safety check since we moved in, and had 6 month tenancy agreement, when we moved in, but LL's never bothered to sign it.

Have done no damage, and paid rent on time, but cheap lounge carpet has some wear and tear from family and pet.

If I withhold the last months rent, I guess I will not be able to get reference off current LL's for new let.

I would be grateful for any advice.

*edited for clarity*

Edited by moonriver

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Renting here for 18 months. Found a nicer house to move to, to rent.

LL's put our damage deposit into their own bank account.

Should I withold the last months rent? Don't like to do this, but worried that we will have trouble getting back any of our depoist after we leave. , as it is not in a scheme.

LL's not very professional, have not had gas safety check since we moved in, and had 6 month tenancy agreement, when we moved in, but LL's never bothered to sign it.

Have done no damage, and paid rent on time, but cheap lounge carpet has some wear and tear from family and pet.

If I withhold the last months rent, I guess I will not be able to get reference off current LL's for new let.

I would be grateful for any advice.

*edited for clarity*

I wouldn't recommend this course of action. Might be worth taking a look at this link though. Basically, if he cannot provide evidence of having placed your deposit in a government approved scheme, he could be liable to pay you up to three times the deposit amount

http://www.lettings-landlords.co.uk/info/deposits.html

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Renting here for 18 months. Found a nicer house to move to, to rent.

LL's put our damage deposit into their own bank account.

Should I withold the last months rent? Don't like to do this, but worried that we will have trouble getting back any of our depoist after we leave. , as it is not in a scheme.

LL's not very professional, have not had gas safety check since we moved in, and had 6 month tenancy agreement, when we moved in, but LL's never bothered to sign it.

Have done no damage, and paid rent on time, but cheap lounge carpet has some wear and tear from family and pet.

If I withhold the last months rent, I guess I will not be able to get reference off current LL's for new let.

I would be grateful for any advice.

*edited for clarity*

If your LL is named on the contract then sue for non-compliance with the TDS. By failing to put it in the TDS they are liable under law to pay you three times the deposit and give you your deposit back. I wouldn't withhold your rent - 2 wrongs do not make a right. Info about the TDS can be found looking through the renting threads on this forum

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I wouldn't recommend this course of action. Might be worth taking a look at this link though. Basically, if he cannot provide evidence of having placed your deposit in a government approved scheme, he could be liable to pay you up to three times the deposit amount

http://www.lettings-landlords.co.uk/info/deposits.html

+1

The government's made this a highly regulated area now :lol:

You and the landlord should both follow the letter of the law ;)

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With many thanks for all your replies.

I am very gratefull.

I feel relieved now to of come to the decision, that I will not need to be witholding the rent.

I was feeling uneasy about that option, and as Shylock points out, 2 wrongs do not make a right.

All I want in this is fairness, and our deposit repaid. The knowledge you have given me here, should help me succeed in getting this.

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You might also want to push for the 5k fine for not providing a gas safety cert.... let the fun begin

:o didn't realise this.

How stupid are my LL's to not get this done then.

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:o didn't realise this.

How stupid are my LL's to not get this done then.

I would advise you to withhold the last month rent and let LL use the deposit in lieu of rent. Try to sign the lease to the new place before your last month rent is due, then no issue with LL reference.

It will probably be a lot of hassle to get your deposit back, especially as LL has not signed the AST. and he/she is hardly likely to give you a good reference if you take him to court.

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It will probably be a lot of hassle to get your deposit back, especially as LL has not signed the AST.

thanks , when I checked the AST, and realised the LL had not signed it, I did wonder if that would be a problem now deposit wise.

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Difficult, you want to be fair but the landlord has not had the gas checked and has not put the deposit into a scheme – both legal requirements. Will LL happily give you your full deposit back having accepted a bit of ‘fair wear and tear’.

My experience says no, and having had to take a previous LL to court ....

thanks for your reply.

Sorry to hear you had to go to the bother of taking your LL to court.

Yes I feel we have tried to be good and fair tenants, but have not been treated likewise by our LL.

And that is why I foresee trouble getting this deposit back.

In addtional to ignoring those legal requirments, back in the spring our LL put the house up for sale with a local agent, and told us nothing about it, when he had only weeks earlier, come round and said he hoped we would be staying on long term in his property. He has since taken it off the agent's website, because I assume, he had no-one interested in buying. :rolleyes:

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thanks , when I checked the AST, and realised the LL had not signed it, I did wonder if that would be a problem now deposit wise.

It will not be a problem if the answer to the two following questions is "yes":

1. Were you in occupation?

2. Did you pay any rent?

If the answer is indeed "yes" then there was a tenancy and the deposit needed to be protected (assuming of course the tenancy was an AST).

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If your LL is named on the contract then sue for non-compliance with the TDS. By failing to put it in the TDS they are liable under law to pay you three times the deposit and give you your deposit back. I wouldn't withhold your rent - 2 wrongs do not make a right. Info about the TDS can be found looking through the renting threads on this forum

+1

Check first with the 3 schemes that the deposit definitely hasn't been registered. I would sue them for everything possible including as Matt says the disregard for your safety.

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+1

Check first with the 3 schemes that the deposit definitely hasn't been registered. I would sue them for everything possible including as Matt says the disregard for your safety.

There might be a theoretical 5K fine for not having a gas cert, but it doesn't go to the tenant.

tim

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No but think of the satisfaction in this case!

This is not just a piece of paper, in not providing this certificate he is not keeping the property safe for his tenants, either through incompetence or being a tightwad this person is putting your life and those of anyone living with you at risk. People DIE from the inaction of idiot landlords like this.

Report the gas issue, get in immediate contact with the DPS regarding the deposit. All it takes are some phonecalls and once they are onto him the authorities will take this as seriously as you should be. Put this person out of a business that they plainly should not be in.

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You might also want to push for the 5k fine for not providing a gas safety cert.... let the fun begin

IMO this is a really serious issue that many LLs still fail to take seriously.

Carbon monoxide is a silent killer and there was a recent case where two families were able to prosecute an LL for failing to properly check and maintain a boiler, which resulted in the unfortunate death of one tenant and severe brain damage for the other. However, it still get relatively little coverage, and even the £5k fine seems inadequate considering the potential risk to tenants.

My last LL was a CORGI registered heating engineer, so he did the gas safety check every 6 months himself just to be sure, and my new place had one done 6 weeks ago, but I still always make sure I've got a carbon monoxide alarm just in case.

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