Witholding of deposit

[brassmonkey]

Just received a call from my tenant today to advise me that he is moving out at the weekend as his R/A has been stopped and cannot afford the rent. His lease is due to expire on the 30th Nov and he pays 1 month in advance. This months payment hasn't been made and isn't going to be. During our phone conversation he asked me to drop over on Saturday to view the property and for the return of the deposit.
I told him that because he is still under lease and is only giving me 4 days notice that he will either have to make the months payment or I would be holding his deposit in respect of payment as well as repair to some areas in the house which were previously agreed mutually.

Just want to check am I within my rights to do this.

 

[sam h]

If it's not likely you will get the balance of the money, I reckon you should let him go on Saurday as you'll have a better chance of letting this month rather than next (xmas & all that). In fairness to him, he has advised you as soon as he could that his R/A was stopped.

I would view the property and deduct all appropriate expenses & any outstanding rent and return the balance (probably won't be amuch left at that stage). At least you have the opportunity to get it back on the market asap rather than trying to kick out a non-rent paying tenant for the next 6 months!

 

[brassmonkey]

Thats the way I am looking at it as regard his notice. Even with his deposit I will still be out of pocket as it is going to cost me a bit to make the property rentable again but as you said it could be worse with him staying were he is and not paying anything for numerous months.

He did not quite understand me when I told him why I would be holding his deposit in lew of rent and he is going to seek advice about it, which is why I am covering myself by asking am I within my rights to do so.