Security deposit and unpaid rent?

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    Security deposit and unpaid rent?

    Our troublesome tenant is finally moving out this morning (should have gone yesterday but thankful for small mercies!).

    He still owes 2 months rent but has assured our LA that he will settle up today. We suspect he will say "Here's one month's money, and keep my deposit to cover the rest", which our LA has advised is acceptable in the TA. However, having not set foot in the flat since he took tenancy 8 months ago, we are unsure whether there will be any damage/losses to put right, which should be claimable against the deposit (he has already suggested he may leave his cooker behind which we will be reluctant to use for another T and will be forced to take to the Dump). I am very tempted to say we will cut our losses, just to be shot of him, but is it acceptable to say we will not take the deposit in lieu of rent until we have inspected and agreed the condition of the property?

    Any advice appreciated.

    #2
    You can say it isn't acceptable, but what will you do if he doesn't agree?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

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      #3
      As a rule, tenancy agreements allow landlords to use the deposit for missing rent, but don't allow tenants that same 'right'. Check yours.

      If there are damages, it won't really make much difference - your way would go like this...

      Missing rent £1000, paid £500, owing £500
      Damages £500 paid from deposit, nothing owing - total shortfall £500

      Your tenants way...

      Missing rent £1000, paid £500, £500 paid from deposit, nothing owing
      Damages £500 owing - total shortfall £500

      If tenant has assets, sue, if not, prepare property for someone who will pay rent to you ASAP

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