Deposit not put Tenancy Deposit Scheme - Can I withold last months rent?

[cjsauls]

Hi All,

I have handed in notice to my landlord to leave the property at the end of October. I have discovered that the LL's Agent who processed the the contract and deposit has now disappeared, and that the deposit was not put into a deposit scheme (I did chase this up 1 month after moving in, but got no response).

I raised this with the LL, and he also was shocked to find that the Agency has vanished. After discussions with the LL (and showing him the directgov link to the rules governing deposits), he understands that he is liable to pay the deposit back to me, and that he should pay it back to me at the end of October (he says he does not have the money now to put in the deposit scheme!)

My concern now is that if we get to the end of October, and he does not return my deposit, that I will have to take the legal route with him (he understands this) - not ideal.

My question is - Since he is in breach of the deposit scheme rules (and therefore our contract), do I have the right to withold the last months rent in lieu of my deposit (to prevent the situation in the previous paragraph)?

Thank you.

Kind Regards,
C

[worzelgummage]

you don't have that right but the LL's remedy would be to go to court to get it off you. Given that he owes you your deposit you would have a defence.

In your shoes I would withhold the last months rent.

Some people might come on here suggesting you sue for 3x the deposit as a penalty - I wouldn't advise that but you could point that out to your LL should he look to take you to court.

[Snorkerz]

Do you have the right? No.
Is it a practical thing to do? Yes