Paying Rent with deposit is this legal?

Leprechaun312 · 10 Dec 2016 at 20:36

So i'm currently a lodger, and i've given notice to my landlord of 2 months (on the 1st December) as per the contract. I've found somewhere else to go and am moving my stuff in next week and will be leaving the same week.
My landlord will then inspect the room and discuss damages (if any), what i need to know is, is it legal or am i allowed to not pay the rent for jan, forfeit the deposit (which is one months rent) and pay any damages on the spot as well as give him my key forfeiting access to the property.

To clarify the deposit isn' in a tenancy deposit scheme, and the contract says the following about deposit.

The deposit will be held by the tenant for the duration of the agreement and refunded to the lodger at the end of the term less any reasonable deduction for costs incurred by the tenant in making good damage caused by the lodger to the room or shared rooms and to cover losses incurred by the tenant where the lodger fails to pay their rent.

At any time during the term and tenant may apply any part of the deposit to cover reasonable costs incurred as a result lodgers breach of obligations. The lodger may be called upon to make additional payments to make good any losses or costs incurred by the tenant as a result of the lodger's actions or behavior

FloppyPoppy · 10 Dec 2016 at 20:41

Leprechaun312 said:
So i'm currently a lodger, and i've given notice to my landlord of 2 months (on the 1st December) as per the contract. I've found somewhere else to go and am moving my stuff in next week and will be leaving the same week.
My landlord will then inspect the room and discuss damages (if any), what i need to know is, is it legal or am i allowed to not pay the rent for jan, forfeit the deposit (which is one months rent) and pay any damages on the spot as well as give him my key forfeiting access to the property.

To clarify the deposit isn' in a tenancy deposit scheme, and the contract says the following about deposit.

Have you considered asking your landlord? I imagine a lot of them will have varying views on this. Just be sure to also have the money surplus in case they won't accept it.

sigma · 10 Dec 2016 at 20:42

Rent = rent, deposit = deposit. Quite simple really.

Rroff · 10 Dec 2016 at 20:42

Is there any clauses in respect to late payment of rent? as the landlord could take it from that angle.

MooMoo444 · 10 Dec 2016 at 20:43

If you have the money to pay damages on the spot, why not just pay rent on the spot??

Leprechaun312 · 10 Dec 2016 at 20:50

MooMoo444 said:
If you have the money to pay damages on the spot, why not just pay rent on the spot??

There aren't any damages, and i would but i don't trust him to pay the deposit at the end of the month.

Rroff; said:
Is there any clauses in respect to late payment of rent? as the landlord could take it from that angle.

No there isn't

kindai · 10 Dec 2016 at 20:53

Leprechaun312 said:
i don't trust him to pay the deposit at the end of the month.

That is why its in a protected deposit scheme.... (yes i am pointing this out ironically)

Leprechaun312 · 10 Dec 2016 at 20:57

edit: clicked reply by mistake

Kuros · 10 Dec 2016 at 21:53

I don't think many landlords will like that, to be honest. Purely because they physically can't get access to the deposit until you leave the house, it's not like they can use that to cover their own costs or the like.

FurryLemon · 10 Dec 2016 at 22:22

I'd not be having any of that. (landlord)

SeatIbiza · 10 Dec 2016 at 22:43

Why isn't it in a deposit scheme? You can take him to court:

If the court finds your landlord hasn’t protected your deposit, it can order the person holding the deposit to either:

repay it to you
pay it into a custodial TDP scheme’s bank account within 14 days
The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order.

Rroff · 10 Dec 2016 at 22:44

SeatIbiza said:
Why isn't it in a deposit scheme? You can take him to court:

If the court finds your landlord hasn’t protected your deposit, it can order the person holding the deposit to either:

repay it to you
pay it into a custodial TDP scheme’s bank account within 14 days
The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order.

Doesn't apply in the same way as a lodger living with the landlord or similar setup.

Leprechaun312 · 10 Dec 2016 at 22:50

SeatIbiza said:
Why isn't it in a deposit scheme? You can take him to court:

If the court finds your landlord hasn’t protected your deposit, it can order the person holding the deposit to either:

repay it to you
pay it into a custodial TDP scheme’s bank account within 14 days
The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order.

no clue afaik he rents out 2-3 properties and the room im in and just has a separate bank account he puts the deposits in. never mind taking him to court i just want out of the house and to get the deposit back either in my account or used to cover the last month of notice.

Rroff · 10 Dec 2016 at 22:54

Leprechaun312 said:
no clue afaik he rents out 2-3 properties and the room im in and just has a separate bank account he puts the deposits in. never mind taking him to court i just want out of the house and to get the deposit back either in my account or used to cover the last month of notice.

Sounds like he could be fiddling the system if he treating everyone as a "lodger" over multiple properties.

Leprechaun312 · 10 Dec 2016 at 22:58

Rroff said:
Sounds like he could be fiddling the system if he treating everyone as a "lodger" over multiple properties.

not sure if he's fiddling people i just think he doesn't know, for example the contract. If you read the bit i've quoted it refers to Tenant (Him) and Lodger (me). The signatures at the bottom are Landlord (Him) and Tenant (me) so doesn't that technically make the contract invalid?

Rroff · 10 Dec 2016 at 23:03

I'm not saying he is fiddling people but that possibly he is trying to play clever with the system to get around deposit scheme requirements.

FurryLemon · 10 Dec 2016 at 23:08

He sounds like a complete plonker to me. E

SeatIbiza · 10 Dec 2016 at 23:15

I'd say what he is doing is against the law.

To answer your question, I'd just say he can take the deposit as the rent for the last month. He really won't have a (legal) leg to stand on!

Malevolence · 11 Dec 2016 at 00:07

If he's playing fast and loose, trying to fiddle the system, then surely if the deposit is "one month's rent" you can beat him with the semantics stick.

Rifte · 11 Dec 2016 at 06:15

Hmm my gut feeling is one of two things is happening :

1)He isnt the landlord, and is in fact just a tenant himself and he is subletting.

2)He is the landlord, and is trying to claim that he is a 'tenant' to get around the deposit scheme.

How did you find out about the room? Was it advertised via a letting agency? Or Word of mouth or advert in a newspaper/flyer with just a number to call?

As a landlord the deposit scheme isnt up for debate, if he hasnt followed a very simple procedure which is there to protect the tenants, if anyone challenges it, he needs to bend over and accept whats coming.

If on the off chance this whole scenario is legit (and it sounds far from it), as a landlord myself I wouldnt accept a tenant telling me to take any rent forthcoming from the deposit, for two reasons :

1)The time is takes to get the money (at the end of the tenancy agreement)
2)What if the deductions I needed to make from the deposit due to damage could not be covered by the remaining balance after the rent had been paid by it.

Paying Rent with deposit is this legal?

Sgarrista