Hi all,
Without any notice, my tenant who is due to Vacate Early August 2020, dropped me a message this morning to say take my last months rent from the holding deposit. What a cheek!
Deposit had been protected annually through MyDeposits - what is a decent response to give to the tenant - this is not only awkward but also alarm bells knowing that I can’t go after them for any breakages or damage beyond wear and tear. Advice needed please. Thanks.
Ugh another instance of bad tennents. i am a tennent myself whos finding it hard to find somewhere to live and its people like them that ruens it for everyone else.
I hope you managed to sort it and please keep safe 
all the best.
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All you can do is put it in writing that rent still needs to be paid. But if he doesn’t and is leaving in little more than a month, not sure is much you can do.
Get a forwarding address so if there are any damages, I guess you would have to pursue separately through small claim courts?
Maybe others know more and can advise.
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Thanks. Other advise and assistance will be appreciated. Thanks again.
agree with what mrT says, tenant shouldnt but there’s not much you can do and mydeposits are the worst at handing back any damages from the deposit to the landlord in any case. do an end of tenancy inspection as early as you can and see if any damages. keep your tenant sweet, ask them if they will pay at least some rent. if there is a lot of damage then there is the small claims court but they swing towards the tenant and its hard to get money from a tenant that moves on.
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I do hope this works out well for you. Yes the tenant should not be asking you to take the last months rent from the deposit.
How has your relationship with the tenant been up to now? Is he a poor but honest tenant, in which case he may be doing this because he is desperate and needs to find another deposit for his next property.
Or is he a scumbag leaving the property in dis repair and trying to get out of his responsibility.
If he has rented the property for a while you should know how he is situated and whether he has looked after your property or not.
I would suggest contacting him and asking why he is asking to do this highly irregular action.
All the best wished for you.
I had a tenant who left the place in good condition and asked to take the final rent out of the deposit >He signed to that effect and I got the money
Hi all, thanks for your responses.
Whilst I totally agree it’s a benefit for the tenant to use the deposit for their next move - ie deposit, it’s defeated the concept of landlord control. This is where the genuine landlord is literally shafted, tenants on their exit, albeit 6-7 years at the property, will act weird at the end because there is an untold story or a skeleton in the closet. I’m going to do an interim inventory whilst they are there, knowing the condition on exit. If there’s any deviation, apart from standard wear and tear, they are going to get my full attention - ie small claims court and filing of CCJ for my loss. Lets hope this goes smoothly and no hidden agendas. I am sure there are other genuine tenants who will at least notify the landlord in advance, in my case it’s last minute .com - hence I smell a rat but will do my best to protect myself. If it was me, I would have prepped the landlord at least 2-3 months before and explain myself. It’s a mutual relationship; but as usual, tenant has the upper hand all of a sudden, just because they are going!
Thanks all.
If he fails to pay the last months rent he is in breach which entitles you to retain the deposit regardless. Tell him that if he does not pay you cannot give him a good reference! Any damages can be addressed via small claims court and bailiffs. Dont panic, wait till he leaves.
Your tenants should have received the paper in relation the MyDeposit protection, therefore fully aware that it is not possible to use it to pay outstanding rent.
Don’t be afraid and write two lines advising to read the terms and conditions of MyDeposit and make it clear that rent must be paid in order to avoid serving Section 8 for unpaid rent.
I wouldn’t give details about the consequences at this stage, leave for later and wait for the response if any. In the mean time try to keep the relation as friendly as possible in order to figure out where your tenants will move, in case you will need to forward letters and communicate with them by post.
Please let us know how this will develop.