UK Landlord Forum / Life

Hi all,

My tenants are leaving in 3 months and were due to pay me the final tranche of rent (they pay in 3 month advances). However, they have only paid me 1 months rent. I have 2 months rent as their security deposit (properly protected, etc). I suspect they intend for me to keep the deposit to make up the missing rent. They have a rent guarantor. The deposit in this case would not cover any damages post-tenancy, so here are my questions:

1. Is paying 1 months rent and expecting me to keep the deposit as rent illegal? That is, are they in breach of the Housing Act?
2. The agents are swines who I believe have encouraged the tenants to withhold remainder of the rent.  They do the collection. Should I go to the rent guarantor to ask for the missing 2 months bypassing the agents at this stage? Is that legal?
3. The tenants I believe want to renege on the professional check-out inventory, which would also be ineffective if we don't have the security deposit in case of any deductions.

Thanks all,
Pori

Instead of suspecting this and that, why not get in touch with your Tenants and ask them why only 1 month of rent has been paid when you expected 3? Then you might get the clarity you require straight from the horse's mouth... before going off half-cocked. Having a chat with someone doesn't mean you necessarily have to undertake a course of action right there and then - you can listen to what they have to say and then come back, contemplate how you'll handle it, and handle it.

Point 3 is invalid.  If you have a £500 deposit and there is £1500 worth of work you don't just write the 1k off, they would still be liable.  Same as your situation.