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  • Legal FAQs

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

    Does a tenant have a right to use deposit towards last month rental payment? They feel the LA might end up adding unnecessary fees and costs once they move out and thus want to use it towards the rental payment due.

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    Hi Jim,

    The deposit and rent should not be intermingled during the tenancy.

    The deposit is there to cover delapidations, damage, un*-reasonable wear and tear, and rent arrears at the end of a tenancy i.e. once the tenant has vacated the property and a check out & inventory has been done to ascertain if there has been any.  (*Edit.)

    If there hasn't, then the deposit is returned to the tenant in full.  The agent cannot "add unnecessary fees and costs", so I am not sure what they mean by that.

    The tenant is contracted to pay the last month's rent and then the deposit is dealt with as a separate issue, once they have moved out.

    I would not get involved with their commercial relationship with the agent.

    See - Tenant using deposit for last month's rent 

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    'The deposit is there to cover delapidations (sic), damage, reasonable wear and tear,...'

    did you mean UNreasonable w&t?


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    No but try telling that to the tenant. Many fear the landlord will try and shaft them on deposit.

    You have to be quick to chase rent but really what can you do. It would cost more chasing it.

    Deposit is for damage rent arrears if any

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    I have never taken a deposit since the laws changed in the 2000s

    My reason is, it's a bureaucratic nightmare get it wrong and you have major problems

    I much prefer a good Guarantor every time

    If you had not taken a Deposit, you would not be in this situation

    Just not worth the hassle and at the end of the day its hundreds of pounds to cover a thousands of pounds property =  chicken feed !

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    Learn Change and Adapt ?????

    All comments are for casual information purposes only. If you wish to rely on any advice I have given please ensure you obtain independent specialist advice from a third party. No liability is accepted for comments made.

    I can only report that a Guarantor has pulled me out of the Sh*** more than once

    I have had a flit where the Guarantor got the keys back and a letter ending the tenancy from the Tenant and they also arranged for the flat to be cleaned and removal of rubbish after the flat was abandoned

    I have had a Guarantor recover rent arrears for me

    and If you have a Good Guarantor you have a third party to go to if there are problems

    I have saved Thousands by having a Guarantor I NEVER RENT WITH OUT ONE


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    Learn Change and Adapt ?????

    All comments are for casual information purposes only. If you wish to rely on any advice I have given please ensure you obtain independent specialist advice from a third party. No liability is accepted for comments made.

    'I can only report that a Guarantor has pulled me out of the Sh*** more than once'

    AT LEAST 90% OF THE TIME WE MAKE DEDUCTIONS FROM THE DEPOSIT.  NOT YET HAD A DISPUTE, ALTHOUGH SURE WILL.

    'I have saved Thousands by having a Guarantor I NEVER RENT WITH OUT ONE'

    WEVE SAVED THOUSANDS VIA DEPOSITS.  WE WOULD NEVER RENT WITHOUT DEPOSIT.  

    ANYWAY THEY ARE NOT MUTUALLY EXCLUSIVE! 

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    Presumably the deposit is secured with a deposit scheme.  Therefore the tenants can always refuse to accept any charges that they disagree with and go to arbitration. 

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    Sandra Savage-Fisher