Should I use deposit for last month's rent?

mrs1

Our lease is up in 4 weeks and we've decided not to renew it. We are due to pay last month's rent today but I'm tempted not to, and ask the landlord to keep the deposit in lieu of last month's rent. Iknow the deposit shouldn't be used for this but I'm pretty sure we won't get it back from them, or it will take weeks and I really can't afford to lose it. They're not registered with the PRTB and the only contact details we have for them is a mobile number, no address....nothing, even though I've asked 3 times. Its all abit dodgy to be honest and I know they're majorly in debt, we've had solicitors calling twice to our door looking for them, and we get post nearly everyday for them, I asked them for their address to forward it on but they said to just put them in a bag and they'll get them at some stage! Its like they're trying to disappear. I got suspicious so I opened 2 of their letters over last few months and both were letters regarding debts. All this is one of the reasons for moving out to be honest. So what do you's think I should do...ring and say I'd prefer to use depost in lieu of rent, but if they say no what do I do then? A friend has suggested just moving out in the next week, leaving keys with the neighbour and then leave them a message filling them in, but I wouldn't be comfortable doing this.

Dades

If I was in your position I'd fear for my deposit too.

How is the rent normally paid?

mrs1

I just transfer the money into their account each month

odds_on

mrs1 wrote: »

Our lease is up in 4 weeks and we've decided not to renew it. We are due to pay last month's rent today but I'm tempted not to, and ask the landlord to keep the deposit in lieu of last month's rent. I know the deposit shouldn't be used for this but I'm pretty sure we won't get it back from them, or it will take weeks and I really can't afford to lose it. They're not registered with the PRTB and the only contact details we have for them is a mobile number, no address....nothing, even though I've asked 3 times. Its all a bit dodgy to be honest and I know they're majorly in debt, we've had solicitors calling twice to our door looking for them, and we get post nearly everyday for them, I asked them for their address to forward it on but they said to just put them in a bag and they'll get them at some stage! Its like they're trying to disappear. I got suspicious so I opened 2 of their letters over last few months and both were letters regarding debts. All this is one of the reasons for moving out to be honest. So what do you's think I should do...ring and say I'd prefer to use depost in lieu of rent, but if they say no what do I do then? A friend has suggested just moving out in the next week, leaving keys with the neighbour and then leave them a message filling them in, but I wouldn't be comfortable doing this.

The deposit may not be used to pay the rent. It is the tenant's obligation to pay the rent on the date it is due, (RTA 16 (a) (i); using the deposit is not paying the rent.

There should be an address on the lease. You've asked three times in eleven months. Did you put it in writing?

So you want to add to your crimes: It is illegal to open other people's mail.

And so many tenants think that landlords have it easy and are loaded with money.

However, I do sympathize with you about getting your deposit back. You should request a final inspection of the property with the landlord and yourself present. You say that the landlord is not registered with the PRTB - if you have only checked the PRTB website and it doesn't show up, it doesn't mean the tenancy is not registered, the PRTB can be very slow updating things. However, this could be your trump card - advise the landlord that if the deposit is not forthcoming you will take the case to the PRTB. I believe the penalty for not registering is a fine and/or imprisonment, not to mention the late fee for registering late.

mrs1

In response, I didn't say I was definitely using the deposit for the last month's rent, I said I was thinking of ringing them and seeing if this could be done, and asked for advice on this, and how really how best to approach them about it, I actually don't want a big confrontation.

Secondly, I only opened the letters to try to find out exactly what I was dealing with, I was actually becoming alittle uncomfortable living there especially when we had people at the door looking for them, they could've been debt-collectors or worse for all I knew.

Regarding their address, its not on the lease which I didn't notice when i was signing it, stupid I know! I've asked them twice over the phone for it and once by text which they ignored, I can't write to them as obviously don't have their address, and judging by the amount of post we're getting for them they're still using our address and not their new one.

Victor

mrs1 wrote: »

leaving keys with the neighbour

Don't do this.

Its not your house, so don't give the keys to what is ultimately a stranger.

Senna

When i was renting i always used the deposit as last months rent. Before i did this i always had trouble getting back deposits and never for a genuine reason. Its not correct practice but if there weren't so many dodgy landlords about i wouldn't have had too.
From the sounds of it, i wouldn't be holding out hope of getting a deposit back from your landlord.

Jehuty42

Just as an anecdote, I moved out of a place the last week of June, having paid the previous month's rent. I'm still waiting on getting the deposit back from that place, because our landlord has serious liquidity problems and he paid us in cheques that he told us not to lodge until he had enough to clear them(of course, we had paid him in cash on moving in..).

I can sympathize with landlords in financial difficulty, but ultimately you're not asking them to magic up the money- you gave them the amount yourself at the beginning of the lease, it should be held to be given back, not spent. I know in some foreign countries the deposit is paid to a third party body who holds unto it until the end of the lease- that is the kind of reform we need.

doncarlos

mrs1 wrote: »

Our lease is up in 4 weeks and we've decided not to renew it. We are due to pay last month's rent today but I'm tempted not to, and ask the landlord to keep the deposit in lieu of last month's rent. Iknow the deposit shouldn't be used for this but I'm pretty sure we won't get it back from them, or it will take weeks and I really can't afford to lose it. They're not registered with the PRTB and the only contact details we have for them is a mobile number, no address....nothing, even though I've asked 3 times. Its all abit dodgy to be honest and I know they're majorly in debt, we've had solicitors calling twice to our door looking for them, and we get post nearly everyday for them, I asked them for their address to forward it on but they said to just put them in a bag and they'll get them at some stage! Its like they're trying to disappear. I got suspicious so I opened 2 of their letters over last few months and both were letters regarding debts. All this is one of the reasons for moving out to be honest. So what do you's think I should do...ring and say I'd prefer to use depost in lieu of rent, but if they say no what do I do then? A friend has suggested just moving out in the next week, leaving keys with the neighbour and then leave them a message filling them in, but I wouldn't be comfortable doing this.

I did this when I moved in out of my last place. I did however leave the place in a good condition when I left and had the place spotless and posted the keys to the landlord.
I'd recommend moving out and then asking them for an address to post the keys to.