Landlord changing mind about deposit/last months rent

Rainbowrolly

We've been in our current rented house coming up 12 months and won't be renewing due to relocation for work.

The landlord called over about 2 or 3 weeks before the last months rent was due and told us not to pay the final months rent and instead keep it as our deposit. I suggested that we just pay and get the deposit back as normal and they insisted that we didn't have to pay and would settle it this way, and that they would come over soon to have a look around the house. (The landlord calls over, often expectantly, sometimes several times a month, so they have seen the condition of the house throughout the year).

The rent would have been due last week but we didn't pay it as directed. Last night the landlord called over to check out the house (even though we're here for another 3 weeks) and started complaining about the blinds of all things!
Saying that we had taken down the blind in the sitting room and it was out of place now and complaining that the cords for rolling the blinds were broken (they just snap back together but every one in the house has broken several times since we moved in so we've stopped putting them back together). There's one blind in the kitchen that has never moved (it's stuck) since we moved in, they said they had tested all the blinds and that there were none of these problems when we moved in.

Then they moved upstairs to the master bedroom, the only room that we as tenants have had a problem with. There is a gap in one of the windows of around 1cm where it doesn't close properly which we requested to be fixed several times and it wasn't. There is also an en-suite in the room which has absolutely no ventilation meaning the bedroom steams up after showers (we also complained about this before). So the 2 windows in the bedroom had some mildew around them because of this. These blinds/windows are open every day and the landlord absolutely went off on one saying the blinds are never open and we've caused the mildew and what a mess it is etc. (the mildew has since wiped off).

No other problems with the house, it's in perfect condition, we looked after it.

Today I get a phonecall saying that after some thought they have decided we should pay the final months rent today and deal with the deposit after inspection. After probing on the phone they wouldn't give any reason for this apart from that they didn't like "what we done to the blinds" (which by the way they kept quoting cost €400).

I feel like the landlord is just trying to pull a fast one now! And after them calling over I even went back and looked at the photos I took they day I viewed the house and you can clearly see they out of place blinds, broken cords and that the blind in the kitchen is stuck. I told the landlord this and suddenly they felt that it was just the upstairs blinds they were worried about.

Should I pay the rent today or keep it as my returned deposit? The agreement about keeping it as a deposit was verbal only. We're going to be looking for a new place fairly soon and only have 1 other reference so we'll need a decent reference too (this is likely handled by the estate agent).

Raging_Ninja

How long is there before you will be able to move out?

Rainbowrolly

Raging_Ninja wrote: »

How is there before you will be able to move out?

We’ll be moving out around the 9th/10th June (maybe earlier). The 12 month contract ends on the 12th June.

Browney7

They'll probably give you a bad reference regardless of what you do at this stage - use your previous LL reference and go from there whilst looking for the new place.

Have you the agreement to waive last month's rent in lieu of deposit in writing?

Rainbowrolly

Browney7 wrote: »

They'll probably give you a bad reference regardless of what you do at this stage - use your previous LL reference and go from there whilst looking for the new place.

Have you the agreement to waive last month's rent in lieu of deposit in writing?

No, just verbal (in person/over the phone).

I had no problem at all paying the last months rent and waiting for my deposit. The whole thing was the landlords idea.

Last night they were swearing blind that we had broken the blinds and they had definitely checked them before we moved in - then my photos proved otherwise.

So I feel like an absolute sucker handing over the rent/deposit now, I don't know why else they'd want it now apart from with the intention of keeping it. And we really have kept the house perfect

boege

Your LL has changed the original letting arrangements which it sounds like you reluctantly accepted. Now he wants to change them back and technically it is your decision to accept, or not. You could decline but as others have said you will probably not get a reference.

It sounds like some of your deposit will be retained so you might as well find out now. I would advise that you request a meeting with LL to discuss settlement of all tenancy matters.

Discuss and finalise any issues involving deposit retention before you make any payment of final months rent. Act reasonably in the meeting and ask LL to supply a good reference as part of the final settlement.

Once your agreed, write it down and honour your side.

You have some leverage whilst you have not paid the last months rent but none after you have paid.

Disclosure: I rent a house owned by my wife so am a LL.

the_syco

Rainbowrolly wrote: »

Today I get a phonecall saying that after some thought they have decided we should pay the final months rent today and deal with the deposit after inspection.

IMO, you'll either get a bad reference, or not get your deposit and a bad reference. I'd go with the former, as they've already shown their hand.

cstaff

the_syco wrote: »

IMO, you'll either get a bad reference, or not get your deposit and a bad reference. I'd go with the former, as they've already shown their hand.

Definitely agree with this. At least this way you wont be out monetarily...

Rainbowrolly

Thanks for the advice guys,

Just sent the LL a text (had been dealing with his wife last night) saying we aren’t comfortable going back on the agreement and handing over that sort of cash over some blinds. Inviting him over to check out the house and bring up any issues that will affect the deposit.

See how it goes now!

Purple Mountain

Get everything in writing.
Ask him to put his issues in writing to you clearly stating whatever he thinks is the issue with items that are 'damaged'.

Pkiernan

As a landlord, I say you should not pay, and that you should stick to what your 'LL said originally.

Otherwise he will deduct E400 from your deposit at minimum

utmbuilder

I would tell him that you used that month's rent as the deposit on the new house. Along with furnishings ,

Tough **** on his part. Sounds like a melter he calls over so often.

Rainbowrolly

Got a text back from the LL saying not to bother paying what his wife had requested, saying we were good tenants and he was sorry to see us go. Followed by another text saying he didn’t want to look at the house, he trusted we’d leave it clean.

Crazy difference dealing with him and his wife! Half an hour last of getting shouted at by his wife and guilt tripped about how she can’t believe we’ve done this to the blinds and don’t we realise this is someone’s home etc. With the follow up phone call today about both her and her husband wanting the money. Then he couldn’t care less when we contacted him!

At least he was decent, and going by the text we may still get a reference out of it too.

4ensic15

It would not be unusual for husbands and wives to have radically different attitudes to tenants and lettings. Some regard the letting as a sideshow to the main business and are happy if there is a reasonable return. Others act as if their lives depend on not having to pay for afront door key.