Tenant withholding rent in lieu of deposit

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    Tenant withholding rent in lieu of deposit

    Hi - newbie here.

    My tenant has given notice to leave my property on 30 June and has informed me that he is not going to pay the last month's rent as I hold the equivalent as deposit. Obviously his lease says he has no right to do this, as is quite normal otherwise what's the point in having the deposit?
    I know he has damaged the property and I was intending using his deposit to replace the broken window, mend the extractor fan and repair other damage. He and his father, who is guarantor for his student son, are ignoring my solicitor's letters. My solicitor is a friend and not exactly the Rottweiler type, though lovely.

    What are my options? Unfortunately, I find him a very intimidating, not to say a nasty, character (he is a student, yes, but a very angry individual - on my last inspection he was abusive to me and walked around the flat never any further than 6 inches from me, endlessly quoting his legal position at me, I might add) and I am too afraid to go to the property and confront him on my own. I'm afraid, he may well have departed the scene already.

    The flat is in Scotland. What I don't get is why the father thinks he can avoid his responsibilities having come to me as guarantor - any thoughts on this one?

    Thanks for reading.
    All advice very gratefully received to try and sort this out.

    Scots Law is different from in E&W, so I'm not sure that anyone here can help you much.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).


      Er, right thanks. I was directed to this board by one of your members, or the owner, when I posted on fool.co.uk where I did receive info relevant to Scotland.
      Thanks anyway for taking the time.


        Hrm can't your solicitor advise you on whether you can merely use the deposit for the damage and then pursue the guarantor for the last months rent. Having no clue about the law in Scotland (not much more in England ) I can't advise more but would have thought what i said was possible.

        If you are unsure about what to do seek professional Legal advice.


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