UK Landlord Forum / Life

Hi, A Solicitor runs a weekly advice column in our local paper.  She has said that the deposit that the tenant paid at the start of the tenancy should be used by the tenant as payment for the last month's rent after the tenant has given 1 months notice to vacate the property.  My understanding was that this is definitely not the case, ie. the deposit is held in case there is any damage, money owing, etc. etc. at the end of the tenancy.  A clause to this effect is even included in the Tenancy Agreement I use. (I also know that when I read the literature from the DPS who hold the deposit this was certainly not my understanding).  I have a couple renting from me who are moving out next month who have now refused to pay their last months rent on this basis.  I already know they will owe me money for damage to the house, missing items, etc. They are not paying me the last month's rent so their £1500 deposit will cover this and I will be out of pocket for the damage, missing furniture, etc. and no doubt they will not be cleaning the property either.  I feel soooo stressed about this and would welcome any advice.  Many thanks!

That flies in the face of the government scheme. https://www.gov.uk/tenancy-deposit-protection/overview

At the end of your tenancy
Your landlord must return your deposit within 10 days of you both agreeing how much you'll get back.

If you're in a dispute with your landlord, then your deposit will be protected in the TDP scheme until the issue is sorted out.

It would only work if you somehow know you won't want to dip into the deposit to patch up any issues.

The Solicitor sounds... wrong. Good advert for never using their services.

Thanks very much to both of you for your replies.  I'm going to write a strongly worded letter of complaint to the Solicitor tomorrow - unbelievable!

You should also send a copy of your letter to the editor of the paper.God knows what other nonsense advice they have doled out through their column!

I take it you've already written a firm letter to your tenants, correcting their misapprehension,  reminding them of their responsibilities under the tenancy agreement and also pointing out the potential costs, in terms of legal fees and impact on their credit rating/reputation, if you are forced to take enforcement action.

Yes - Thanks - I was also going to write to the editor of the paper.

In regard to writing to the tenants, any message, e-mail or letter I send to them is just ignored.  Even without this excuse I firmly believe they would have chosen not to pay the last months rent.  However, I suppose even if they ignore it it's best for me to send it along with an invoice for late (NONE) payment of rent.  Still, I really don't expect to be able to recoup any of the money they will end up owing me.  Even if I get a Solicitor, I'll be the one paying out and they'll get off 'scot free'. (Your replies are much appreciated).

After issuing a section 21 last year (very flaky tenant,unpaid rent,dog in unsuitable property,filthy flat) I was reconciled to ending up out of pocket.However,I sent a letter to his forwarding address,listing all the money owed,including cleaning materials.I told him unless it was paid within 2 weeks I would be going to the small claims court,in which case I would include some costs that I was prepared to waive if he complied.I was determined to do so,if nothing else to give him a CCJ to warn future landlords.I was amazed to get the money,paid in 2 parts within   

Hi Heavykarma,

I was just going to ask the question.... what happens when you have no deposit (because the tenants have effectively used this to pay their last months rent), a large amount of damage to the property, missing items of furniture, a house that has not been cleaned, etc. at the end of the Tenancy coupled with tenants who refused to answer your e-mails and letters?  I guess your last posting answers this question, ie. approach the 'small claims court', assuming that any invoice sent to their new address (if you are lucky enough to get one) will be ignored.  If anyone can shed any light on how much it costs to pursue a claim this way and what the chances of success are I'd be really grateful. 

My response was cut short.I had added that being lumbered with a CCJ can cause a lot of problems down the line,and many tenants will not wish to push their luck.The fees are a percentage of the amount being pursued,and will be added to what they have to pay if you succeed.You can also include interest on the outstanding rent in your claim.They will also have to get references for their next place.Appealing to their better nature is pointless,but they won't lack self-interest. I would never have expected the tenant I mentioned to stump up,the agents said he was like a feckless child. So sorry you are going through this,it must be causing you sleepless nights-been there sooo many times.