end of tennancy; mutual agreement to use deposit for rent?

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    end of tennancy; mutual agreement to use deposit for rent?

    To cut a long story short, we have been good tennants, rent paid early etc. Letting agent has been awful and we've decided to give notice (within our rights, break clause)

    Can we request that the landlord/letting agent use our deposit as part payment of the last 2 months notice? We will pay the difference now and also arrange the inventory clerk to come prior to the last day to ensure there would be no deductions.

    But, is there actually scope for this?

    If they didn't agree and we just DID it, what would the consequences be? We don't want to do this at all, it's wrong, but we just want to know where we stand with the situation, due to various issues through the tennancy with the letting agent and landlord we want to protect ourselves and we also happen to leave the country on the night we hand the flat back so won't be around to fight anything, should we need to.

    #2
    "Tennants" query

    Originally posted by mslise View Post
    To cut a long story short, we have been good tennants, rent paid early etc. Letting agent has been awful and we've decided to give notice (within our rights, break clause)

    Can we request that the landlord/letting agent use our deposit as part payment of the last 2 months notice? We will pay the difference now and also arrange the inventory clerk to come prior to the last day to ensure there would be no deductions.
    You can request it but cant insist

    But, is there actually scope for this?

    If they didn't agree and we just DID it, what would the consequences be? We don't want to do this at all, it's wrong, but we just want to know where we stand with the situation, due to various issues through the tennancy with the letting agent and landlord we want to protect ourselves and we also happen to leave the country on the night we hand the flat back so won't be around to fight anything, should we need to.
    Its anyone guess what the consequences might be. I doubt whether you'd get much of a reference in future. If for example there are genuine reasons for the deposit to be forfeit in part you might find that you return to the UK with a judgement against you. But you probably dont care

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      #3
      Can we request that the landlord/letting agent use our deposit as part payment of the last 2 months notice?
      The simple answer to that question is "yes". Further, the landlord/letting agent can agree.

      If they didn't agree and we just DID it, what would the consequences be?
      Certainly no criminal consequences. As suggested, doing it may lead to an adverse reference. As matter of contract, you ought not do it. The point is though that there is not a lot that the landlord can do about it. If he sues for rent he will have to offset the deposit against it. Accordingly if what you owe him is equal to what he owes you proceedings are pretty pointless.

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        #4
        Thank you both, this is exactly the info we needed. Much appreciated.

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