Using deposit to pay final month's rent

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    Using deposit to pay final month's rent

    Dear all,

    I have been renting my house for the past 9 months and my first tenant did not pay the last month rent because she said that the deposit would cover the rent she owed.

    My second tenant has now asked to terminate his tenancy earlier which I agreed in principle. However, his rent is 9 days late; he told me that he had paid it on Tuesday (although he had said that he had paid it before) but I still have not received anything on the account. I have the feeling that he is going to do the same thing as the previous tenant, i.e. use the deposit to pay the last month rent.

    Would anybody have any tip(s) as to how to avoid this kind of situation? At the moment, the deposit is the equivalent of one month's rent. Should I increase it?

    My current tenancy agreement has the following clause regarding the deposit:

    On the signing of this Agreement, the Tenant shall pay to the Landlord the Deposit as security for the Landlord in respect of:

    a. any rent or other payments due from the Tenant which remain unpaid;
    b. any damage to the Premises or the items listed in the Inventory for which the Tenant may be liable; etc....

    Should I consider removing a. above?

    Thank you very much for any advice you may be able to give me.


Latest Activity


  • Reply to Deposit not protected - when to take action?
    by AndrewDod
    Is the agent the named landlord on the tenancy agreement. If so, go for it. If agent is agent for some other named landlord, you will be screwing someone who has already been screwed over by the agent, so would need a good (moral) reason to want to do that....
    11-08-2022, 17:45 PM
  • Deposit not protected - when to take action?
    by security2
    Hi all,

    I know there's plenty of info on what to do when deposits are not protected but I wonder what your advice would be in this particular situation?

    A friend of mine took on a rental in London last year and has given notice to vacate for end of this month. It's through...
    11-08-2022, 17:12 PM
  • Reply to Can I get rent paid direct to me?
    by Hudson01
    31 !!! Is not young, she is acting like a 15 year old, at 19 i was at war in the South Atlantic, that was young, she sounds immature and delusional.

    As said by others, forget all the updates with her and ensure you deal with her in a business like manner, she really is in for a big shock..........
    11-08-2022, 17:42 PM
  • Can I get rent paid direct to me?
    by NaomiB
    My tenant was supposed to have left yesterday but she hasn't so this morning I posted my N325-eng form with the £130 for the bailiffs.

    I am expecting the court to take about three weeks to issue the warrant and four to six weeks for the bailiffs to come so about two months or so. She...
    11-08-2022, 12:46 PM
  • Reply to Section 21 costs - who pays?
    by freddycd15
    Thank you all.

    What I've understood from the replies and some searching from my side is that:

    1) The court fee (£355) and a fixed fee (about £50-£80 depending on the nature of the case) are claimable only. I'm not sure if there are any others?

    2) You would fill...
    11-08-2022, 17:31 PM
  • Section 21 costs - who pays?
    by freddycd15
    Hi all,

    I'm sure this has been answered before, but I'm having difficulty finding an answer using the search function.

    My tenant is currently on a statutory periodic tenancy.

    I wanted to ask who pays for the costs involved a Section 21 possession claim. Fees such...
    11-08-2022, 14:57 PM
  • Reply to Can I get rent paid direct to me?
    by ash72
    Don't do it, don't give the T further information follow through with court action, the T will have free legal aid, plus the advice from the council to stay in the property until the T is physically removed by bailiffs. As I stated previously you should be maintaining a account statement on the payments...
    11-08-2022, 16:49 PM
  • Reply to Section 21 costs - who pays?
    by jpkeates
    Apologies, I'd misunderstood your question.
    The notice times out six months after it's served on the tenant (not six months after the notice expires)....
    11-08-2022, 16:40 PM
  • Reply to Buying a house - tenant in situ.
    by jpkeates
    Who are you again?...
    11-08-2022, 16:37 PM
  • Buying a house - tenant in situ.
    by mizf1
    Good afternoon all

    I wanted some advice on the below scenario.

    I have come across a house which i'm interested in at a auction which has an attractive buy it now price compared to market value.

    No viewings are available as i'm assuming the tenant is being awkward....
    11-08-2022, 11:51 AM