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Last month rent and deposit


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Good morning all,

I have been renting my house for the past 9 months and my first tenant did not pay me the last month rent because she said that I had the deposit that would cover the rent.

My second tenant has now asked to terminate his tenancy earlier which I agreed in principle. However, his rent is 9 days late; he told me that he had paid it on Tuesday (although he had said that he had paid it before) but I still have not received anything on the account. I have the feeling that he is going to do the same thing as the previous tenant, i.e. use the deposit to pay the last month rent.

Would anybody have any tip(s) as to how to avoid this kind of situation? At the moment, the deposit is the equivalent of one month's rent. Should I increase it?

My current tenancy agreement has the following clause regarding the deposit:

On the signing of this Agreement, the Tenant shall pay to the Landlord the Deposit as security for the Landlord in respect of:

a. any rent or other payments due from the Tenant which remain unpaid;

b. any damage to the Premises or the items listed in the Inventory for which the Tenant may be liable; etc....

Should I consider removing a. above?

Thank you very much for any advice.



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I have the opposite on my contract..that the tenant cannot use the deposit for payment of rent and any rent outstanding will incur a late payment fee of £5 per day until in receipt of cleared funds.

The deposit is not rent..but money against any possible damage to the property and the tenant should be made aware of that.

Good luck with the last months rent...even if you dont get it...and the property is left without any cost to you then I suppose you are ok...but if left with cleaning costs etc then you dont have anything to fall back on unless you took 6 weeks deposit instead of one month.


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