5 Wks notice from T, against deposit

T has given me 5 weeks notice to terminate the tenancy agreement on the day the rent is due to be paid. The deposit collected is for a 5 weeks money equivalent.
I think T will not be paying the final rent but to use the 5 weeks deposit to cover the final rent.
Can T do that? I read the agreement and says :

8.7. The Tenant shall not be entitled to withhold the payment of any instalment of Rent or any other monies payable under this agreement on the ground that the Landlord, or OpenRent, holds the Cash Deposit or any part of it.

No discrimination with the following comment ; T is on UC and I think T will be trying to do this as I issued S21.

Comments and advice please.

Thank you

1 Like

No, the tenant is not entitled to do that if your tenancy agreement says they can’t use the deposit to pay the rent. You should let them know this, but if they still do it, you would be forced to sue them using MCOL if there is any property damage or other deductable costs when they leave.

1 Like

Thank you David 122. That’s what I thought, otherwise they will be no money left to off set for any damaged to the property.
Thank you very much

1 Like

Hi, T did not pay the rent this month so my thought were correct in respect of using the deposit towards the 5 weeks notice, although T has not mention it.
I emailed T to say that rent was not been paid and T replied " Under the Protection of Eviction Act 1977, your email and any future emails could be classed as harassment, particularly demanding money that I cannot pay".
T was taken on as a UC individual and the local council agreed to pay for T’s rent. T never mentioned to be in financial difficulties only mentioned this when I emailed T that the rent has not been paid (9th Jul).
Any comments will be very welcome.
Thank you

1 Like

Tenant is talking bo$$ocks. He remains responsible for the rent even if the Council agrees to pay it. Does the Council not pay it to you directly?

Most landlords here would tell you to steer clear of such deals with Councils.


Is the tenant in a debt breathing space ?

Initially, T had the agreed value to be paid which it was granted by the local C.
Then T changed for payment to be made directly to T.

1 Like

David122. Initially the council agreed to pay for T rent ( i have emails to back up)

This is a key reason why many landlords refuse referrals from the Council. Several landlords have posted about Councils promising payment directly to the landlord and supporting the tenancy, but have found that this evaporates once the tenant is in.

Unfortunately you have no case against the Council and would have to sue the tenant.

1 Like

I have emailed my local MP to contact the Council. As soon as I know the outcome, I will post again so we can learn from it. Thank you guys

1 Like