Our landlord never put our deposit in a deposit protection scheme despite us having asked him to do so. After four months of still no confirmation (or response!), we told the landlord that we would use the deposit money to pay for a month and a half of rent (the correct amount). Still no response.
If this in in England or Wales, then he had to put your deposit in a scheme
and provide you with the Prescribed Information, or he will get a fine of up to 3x the deposit, which you get to keep. I suggest you use that information to keep to the arrangement you already have.
Last week, we gave our notice to move out.
If it was a 6 month fixed contract then you didn't have to give notice, but it was good of you to help him like that.
Now he wants to put our deposit in a scheme and us pay him backdated rent for the month and a half.
How do you even know that he will put your deposit in one of the deposit schemes now, as he hasn't so far? If he doesn't, then you will have to take him to court to get it back - that's why it needs to be put in one of the deposit schemes at the start of the tenancy, so the tenant has time to check they have.
I kinda feel bad for the guy, though...he apologised and he's having some sort of home issue. BUT I also kinda feel like he forfeited his right to have any say in the matter.
He is the one that chose to break the law, but it sounds more like he has financial issues.
and i've told him we're completely flexible on move-out date if he wants to be here the day we move to see how we're leaving the place
Just make sure you don't go over your 6 month contract date or you will automatically be on a periodic tenancy and owe him another months rent. Take lots of photos before you move out. Was in inventory done at the start of the tenancy and signed by both parties?
(he's coming back to the UK to visit over easter holidays). Am i being unreasonable or legally wrong in not backpaying rent?
As he is an overseas landlord, do you pay your rent to a UK letting agency? If not, you should have been deducting his tax from your rent.
http://www.hmrc.gov.uk/international/nr-landlords.htm#6"The Non-resident Landlord Scheme
If you have rental property in the UK but your usual home is outside the UK, your tenants or the letting agents you use will need to operate the Non-resident Landlord (NRL) Scheme. They need to deduct basic rate tax from rental income before they pass it onto you."
"Which tenants have to operate the NRL Scheme?
Tenants of non-resident landlords have to operate the scheme if:
the rent they pay is over £100 a week
and either:
they pay the rent direct to a non-resident landlord
they pay the rent to a person outside the UK
they pay the rent to a person who is not a letting agent in the UK
HMRC may sometimes instruct tenants to operate the scheme even where the rent paid is less than £100 a week.
HMRC has produced a booklet called Non-Resident Landlords-guidance notes for letting agents and tenants that tells people what their responsibilities are under the scheme."
