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  • Legal FAQs

    Can a deposit be used as last month's rent?

    Yes they can . Thats why you always need a good independant inventory .

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    Legally no. This breaches their agreement.

    But in reality, of course! And there is nothing you can do about it unfortunately.

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    I am going through this exact situation and I told the tenants that I will not accept this and that I will only give them references on condition that the last  months rent is paid. If they do not pay I shall let the next landlord know.

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    Could this not the force potential issue of them not leaving/being rejected from their new place (assuming you want them out)

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    If they choose not to pay last months rent, not a lot you can do, if its protected and assuming you’ve an agreement that says deposit covers rent arrears you’ve got it. Its part of the business.

    More interesting is the range of views on deposits.

    I rarely hold back anything from a deposit, usually only for rent outstanding. In total maybe 10% of deposits have some retention.

    i’ve never let without a deposit, i like the tenant to have some “investment” in the tenancy.

    Asking for a guarantor occurs about 25% of time, agree with DL in that a guarantor usually holds greater sway with a tenant than i do. Guarantor always has to be a homeowner.

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    The safest way to protect you from this is to have RGI

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