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nick2413

Can I Use My Deposit To Cover My Last Months Rent.

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Hi, Im aware that this topic has been discussed before but I could really do with some advice regarding the matter.

I live in a student house in Leeds. There are 7 of us sharing the house and we are on a joint tenancy. We pay £346 pcm each (which I add is £80 more than identical houses on the same street!!). When we moved in we paid a deposit of £300 each.

When we moved into the house it was an absolute state, there was rubbish everywhere, smashed lightbulbs all over the carpets, used condoms etc, well you get the picture. I have photographs of the house's condition the day we moved in.

We asked the landlady to have the property professionally cleaned to which she declined. She did however offer us the tenants an agreed amount of money, of which i am struggling to find such receipts, to clean the property ourselves. Being students and being jobless in the summer we agreed and cleaned the house to an immaculate standard, which I also have photographs of.

Throughout our tenancy the LL has promised several improvements to the property, 99% of which have never happened. For instance we have never had a carpet in the hallway just the underlining surface (we are not talking polished floor boards!!). Each room was supposed to be painted, due to the state they were left in, only the lounge was ever done. The LL has consistently acted in an unprofessional manor, ignoring phone calls and texts, which I must add she is charging us £5 for any SMS texts she has to send out, and just generally taking no pride in the property whatsoever.

Around three months ago the whole front of the house starting smelling incredibly bad of sewerage. We complained to the LL and she took 5 weeks to even bother to come to the property. A burst pipe underneath the frontside of the house had been leaking human excrement (for which the plumbers advised must have been over 2 years) and had saturated the soil causing and unbearable stench for up to 6 weeks. We feel this should have been attended to with a matter of urgency rather than ignorance.

Because annually we pay in excess of 25k our deposits are not protected by any of the government deposit protection schemes. We fear that the LL will not be returning any of our deposits and will charge us extortionate amounts for any damages (which as far as we are concerned is only one carpet) and not consider any discrepancies as "normal wear and tear" by us but mainly the previous tenants.

Do we have any right to pay the LL the costs for the damaged carpet and £46 for our last months rent??? In such that she can keep our deposits as the remaining £300 for penultimate rent.

Many Thanks to anyone who has taken the time to read this.

Nick

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legally probably note. Practically, I never paid the last months rent ever in a student house, the deposit would cover it. If they are acting as unprofessionally as you say, I would say sod it and not pay.

If you are moving back home at the end, you don't need the reference...

Edited by digoutabook

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Hi,

Thanks to you both for taking the time to reply. I guess a lot of students find themselves in this predicament during the end of their tenancies.

Many Thanks again.

Nick

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Hi,

Thanks to you both for taking the time to reply. I guess a lot of students find themselves in this predicament during the end of their tenancies.

Many Thanks again.

Nick

And remember you can always take her to the small claim court to recover any unpaid deposits. She would have to prove any deductions she maid in court.

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that rent is extortionate and she has been a terrible landlady. I would stop paying now and call it strategic default. Forget morals. She did.

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I wouldn't pay. Don't text her, put all your correspondence in writing and keep it

You might care to ask-

is the deposit protected in a registered scheme? EDIT-sorry re,read your post. Note that this requirement is now abolished for the future though)

Is she aware of the Defective Premises Act/ HHSR?

Has she licensed the property as an HMO? (If not you could be entitled to 12 month rent back)

Has she notified the lender that she is renting out the property?

Has she notified HMRC that she is running a letting business?

I find the last two generally keep the cowboys in order.

Edited by the_dork

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And this is why landlords now demand more than a months rent as a deposit.

Your deposit is just that, it's to cover for damages (if any) and you'll get it back when your tenancy ends.

You're obliged to pay your last months rent as usual.

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dont pay.

let her sue and prove the additional losses.

worked for me.

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Who cares what the law says! NEVER get yourself into a position where you have to chase a DODGY landlord for money at the end of a tenancy! Sounds like she wont be doing you any favours.

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I posted this seperately before reading this post, but, it would seem apt to repeat it here. Ring Leeds City Council and dob you landlord in.

A ‘house of horrors’ has left a property firm facing a bill of more than £21,000.

When Leeds City Council officers made a routine visit to 61 Gathorne Terrace, Chapeltown, Leeds, in August they discovered a defective fire alarm system, seriously damaged fire doors, broken windows, exposed electrical wiring, staircases without handrails, broken glazing and damaged kitchen units.

Vital safety certificates were also absent, and tenants were left without heating when Southwind Developments Limited – which owns more than a dozen rental properties in the Leeds area – failed to pay a gas bill.

On Thursday at Leeds Magistrates Court, Southwind directors Saleem Aslam and Zulfiqar Ahmed pleaded guilty to nine breaches of the Management of Houses in Multiple Occupation (England) Regulations 2006 regarding the conditions of the house – they were fined a total of £21,491.73 including £4,476.73 in costs awarded to the council.

The council’s HMO Licensing Team had made the routine visit to establish how many tenants were living in the property. The owner of a HMO has a duty to manage and maintain such properties in a way that is not prejudicial to the health and wellbeing of their tenants.

Not having a working fire alarm system meant that tenants would not receive early warning in the event of a fire. Damaged fire doors would then mean an undetected fire could spread unchecked onto escape routes potentially trapping people inside the building.

After notifying Southwind Developments about the dangerous conditions at the property and requesting they provide current gas safety and electrical certificates, council officers returned only to find the property was found to be in the same perilous condition. Tenants reported that they had been left without heating and hot water after Southwind had failed to pay their gas bill.

In court, Southwind Developments legal representative blamed the condition of the property on the tenants but magistrates said that it was the responsibility of the owners to maintain it.

Councillor Peter Gruen, Leeds City Council’s executive board member for housing, said:

“We have a very large rental sector in Leeds and vast majority of landlords ensure that their properties are well maintained and their tenants safe. But when we find a landlord that has failed to do so we must take action.

“Blaming tenants is not an answer – it is a landlord’s responsibility to look after their property.

“I hope the size of this fine sends out a very clear message that conditions such as these are simply unacceptable.”

The specific offences and fines were as follows:

Failed to ensure that fire alarms were maintained in good working order – £3,000

Failed to ensure that all means of escape in the HMO were maintained in good order and repair – £3,000

Failed to provide local authority with latest Gas Safety Record – £3,000

Failed to provide local authority with latest Electrical Installation Test Certificate – £3,000

Did cause the tenants gas supply to be interrupted – £1,000

Failed to maintain living accommodation (broken glazing in bedroom skylight) – £1,000

Failed to maintain common parts of the HMO (damaged kitchen unit & worktops in shared kitchen) - £1,000

Failed to maintain common parts (exposed wiring from a light pendant on landing) – £1,000

Failed to maintain common parts (handrail missing on staircase) – £1,000.

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  • 152 Brexit, House prices and Summer 2020

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